Delhi HC sends show cause contempt notice to SDM over sending notice to interfaith couple's residence
Aug 12, 2021
New Delhi [India], August 12 : The Delhi High Court has issued a show cause notice to the sub-divisional magistrate of the SDM South West district, asking why contempt proceedings must not be initiated against him for sending notices at the residence of one of the petitioners with reference to the registration of marriage sought by him and his partner, under the provisions of the Special Marriage Act.
Justice Najmi Waziri issued notice to the respondent SDM to "show cause" why contempt proceedings must not be initiated against him for obstructing the administration of justice and for committing contempt of the court.
The court asked the respondent to file a reply within two weeks and listed the matter for September 8.
The bench noted that earlier High Court by its order dated April 8, 2009, had directed to consider and process the request for solemnization of marriage under the Special Marriage Act, 1954 without sending any notices to any applicants residences.
Pursuant to the High Court's order, the Delhi government had issued directions to all the Deputy Commissioners of the national capital on September 18, 2009 that it was not mandatory to send any notices to applicant's residences under the provision of Special Marriage Act. The Court and Delhi Government, however, had kept open to the concerned Marriage Officer to display the notice on the office notice board in accordance with the law.
"In other words, whenever a couple desires to get their marriage registered under the Special Marriage Act, 1954, notices are not to be sent to their residences. There is a prohibition to send such notices which could jeopardize the plans of the applicants or become a cause for a threat to their lives or limb. At best, the notice can be displayed at the notice board of the office in accordance with the law. The Marriage Officers were specially directed to follow the said procedure and not to dispatch the notices, to the residences of the applicants/petitioners, who sought solemnization under Chapter II of the Special Marriage Act, 1954," the court noted.
The court noted that despite its direction, the respondent SDM, South West District, issued notices at the residence of one of the applicants/petitioners apropos the registration of marriage sought by him and his partner, under the provisions of the Special Marriage Act, 1954 on February 25, 2020.
"The aforesaid issuance of notice is a clear breach of this court's directions dated April 8, 2009. Prima facie, the court is of the view that the respondent has committed Contempt of Court, " the court said.
The court was hearing a petition filed by an interfaith couple through advocates Utkarsh Singh, Mohammad Tauheed Arshi and Mohammad Humaid.
