HC can now test spl marriage Act's constitutional validity, Pg3

Key Highlights:

• The Delhi High Court (HC) can now assess the constitutional validity of the Special Marriage Act (SMA), 1954, specifically concerning the mandatory public notice for intended marriages.
• The Supreme Court (SC) dismissed a petition from the Ministry of Law and Justice on December 19, 2024, which sought to transfer the case challenging Sections 6 and 7 of the SMA from the Delhi HC to the SC.
• Sections 6 and 7 of the SMA mandate public notice for inviting objections to the intended marriage and the consideration of those objections, potentially preventing the marriage.
• A petition challenging the SMA provisions has been pending in the Delhi HC since 2020, filed by an interfaith couple.

Detailed Insights:

• The interfaith couple's petition argues that the 30-day notice period under the SMA allows families to obstruct interfaith or inter-caste marriages, forcing couples to seek alternative marriage methods.
• The petitioners contend that the public notice requirement violates the privacy of individuals seeking marriage and endangers their life and liberty.
• The Delhi HC had already issued a notice to the Delhi government in October 2020 regarding the petition, but the government had not responded by August 2022.
• The Ministry of Law and Justice sought the transfer of the case to the SC in December 2023, citing a similar case (Nandini Praveen's petition) already before the SC and concerns about potential conflicting rulings.
• The Centre argued that differing views on the issue could cause confusion and affect the functioning of marriage officers under the SMA, leading to wasted resources.
• The SC dismissed the Ministry's transfer request on November 19, 2025, allowing the Delhi HC to proceed with hearing the case.

Key Concepts Involved:

• Special Marriage Act, 1954: A law in India that allows civil marriage for people from different religions or castes.
• Constitutional Validity: The assessment of whether a law or provision is in accordance with the Constitution of India.
• Right to Privacy: The constitutional right to protection of one's personal information and autonomy.