The High Court of Delhi has issued a show-cause notice to the sub-divisional magistrate of the 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 & 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 & for committing contempt of the Court.
The Court asked the respondent to file a reply within 2 weeks & listed the matter for Sept 8.
The bench noted that earlier HC by its order dated April 8, 2009, had directed to consider & 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 Govt 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 & 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.
The Court noted that "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 & 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 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 & his partner, under the provisions of the Special Marriage Act, 1954 on Feb 25, 2020.
The Court said, "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 was hearing a petition filed by an interfaith couple through advocates Utkarsh Singh, Mohammad Tauheed Arshi & Mohammad Humaid.
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