The Hon’ble Delhi High Court held that “the act of SDM, South West District in the issuance of notice to the residence of the couple is in clear breach of this Court’s directions in Pranav Kumar Mishra and Anr. v. Govt. Of NCT of Delhi & Anr. and is Prima facie, the contempt of court committed by the SDM in issuing notice.
It is reiterated by the Hon’ble bench what it held in Pranav Kumar Mishra and Anr. v. Govt. Of NCT of Delhi & Anr. regarding disclosure of marriage between two adults that “as special marriage act enable marriage of any Indian national regardless of faith who are desiring for civil marriage, the unwarranted disclosure of matrimonial plans by two adults entitled to solemnize it may in some cases jeopardize marriage itself.
In order to avoid such circumstances, it is directed to marriage officers that the procedure of sending any notices to their residencies which is completely whimsical and without the authority of law must be avoided and marriage under the Special Marriage Act, 1954, must be conducted without sending any notices to couple residences. however, it is the discretionary power of the concerned Marriage Officer to display in the office notice board regarding the marriage in accordance with the law.”
In the case herein the SDM, South West District, issued notices at the residence of one of the applicants who sought the registration of marriage of him and his partner, under the Special Marriage Act, 1954.