Point of Law
Special Marriage Act - Registration of Marriage – Marriage not registered under Special Marriage Act, 1954 - He cannot avail the benefit set out in Section 4 of the Act - Notice under S. 5 of Act held valid for 3 months.

JUDGMENT

(Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to register the petitioner's marriage held between the petitioner and his wife Lediya with the consent of both the families at my residence on 10.06.2022, based on the application dated 15.06.2022.)

1. Is age a mere number ?. Not always. That is what the writ petitioner learnt to his utter dismay.

2. The petitioner belongs to a Scheduled Caste. He fell in love with Ms. Lediya who professes Christianity. Their relationship was approved by both the families. They purportedly got married on 10.06.2022 in the presence of the local panchayat president and a political functionary. The couple thereafter submitted a joint application before the second respondent on 17.06.2022. What was submitted was only a notice under Section 5 of The Special Marriage Act, 1954. The couple were under the fond hope that they will be issued with a marriage certificate. Though the parents of the couple had given green signal, the registering authority waved the red flag. He told them that registration was not possible because Ms. Lediya was yet to turn 21. That led to the filing of this writ petition.

3. The learned counsel appearing for the writ petitioner submitted that the second respondent failed to take note of Section 4 (c) of the Act, as per which it would be enough if the female had completed the age of 18 years. He called upon this Court to issue a direction for registering the marriage.

4. The moot question is whether such a direction can be issued. The Act makes a distinction regarding the modes of solemnizing a marriage. Marriage can be solemnized under the Act itself or it can be celebrated in other forms. Chapter II of the Act deals with solemnization of special marriages. Section 4 sets out the conditions therefor. Section 5 stipulates that the parties to the marriage should give notice thereof in the prescribed form. The marriage officer shall enter the notices given thereunder in the Marriage Notice Book and it shall be open for inspection. That is how the news about the proposed marriage between 70 year old Periyar E.V. Ramasamy and 32 year old Maniyammai, became known because someone came across the notice of intended marriage given by them. French President Emmanuel Macron's wife is 25 years older to him. For such illustrious couples, age is a mere number.

5. Let us come back to the statutory scheme. Any person can lodge objection to the marriage within thirty days if the conditions specified in Section 4 have been contravened. Section 8 to 10 deal with the procedure on receipt of objection. Section 12 and 13 are as follows:

“12. Place and form of solemnization.

(1) The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.

(2) The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,-- "I, (A), take the (B), to be my lawful wife (or husband)".

“13. Certificate of marriage.-(1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses. (2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied