Unconstitutionality Of Publishing Of Marriage Notices Under Special Marriage Act

The Special Marriage Act, 1954 provides the registration of inter-religious marriages. The petitioner, Nandini Praveen, a law student, filed a writ petition under Article 32 of the Constitution of India before the Supreme Court challenging Section 6(2), 6(3), 7, 8, 9 and 10 of the Special Marriage Act, 1954 (SMA).

 

The petitioner in her PIL stated that the conditions under Section 4 of SMA are fulfilled through Section 11 of SMA. The section 11 of SMA requires three parties to sign a declaration that the intended marriage would not violate any of the provisions of Section 4. Hence there is no need to exercise the impugned provisions.