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The Delhi High Court recently has issued a contempt notice to SDM for sending a notice to the residence of a woman who had approached the marriage officer along with her partner previously to register their interfaith marriage under the Special Marriage Ac

The Single Judge Bench of Justice Najmi Waziri while hearing a plea by the inter-faith couple, issued notice to the official and asked him to show cause as to why contempt proceedings should be not initiated against him for obstructing the administration of justice.

"Issue notice to the respondent to show cause why contempt proceedings be not initiated against him for obstructing the administration of justice and for committing contempt of court"

The court noted that whenever a couple desires to get the marriage registered under the Special Marriage Act, then notices are not to be sent to their residences.

“Whenever a couple desire to get their marriage registered under the Special Marriage Act, 1954, notices are not to be sent to their residences. There is prohibition to send such notices which could jeopardize the plans of the applicants or become a cause for threat to their lives or limb. At best, the notice can be displayed at the notice board of the office in accordance with 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 Bench noted that in April 2009, the high court had passed an order directing that notices under the Special Marriage Act be displayed on the office notice board instead being sent to the homes of the couple and directions to this effect were also issued to all the Deputy Commissioners by the Delhi government.

“Pursuant to the aforesaid order, the GNCTD issued directions to all the Deputy Commissioners of the Government of NCT of Delhi on 18.09.2009.”

In the present case, a notice was sent by the SDM at the residence of one of the applicants apropos the registration of marriage sought by him and his partner under the Special Marriage Act.

"The aforesaid issuance of notice is in clear breach of this Court's directions dated 08.04.2009. Prima facie, the court is of the view that the respondent has committed contempt of court," observed the Bench

The matter will be next heard on 8^th September.

[Case title – Parveen Bano v Chandra Shekhar SDM SouthWest]