Notice to residence of persons marrying under SMA 'contempt of court', says Delhi HC

The Delhi High Court has said that a Sub-Divisional Magistrate prima facie committed contempt of court by sending a notice to the residence of a person desirous of marrying his partner under the Special Marriage Act (SMA), in violation of its order prohibiting any such dispatch.

Justice Najmi Waziri, 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 ordered on August 10.

The court iterated that whenever a couple desires to get the marriage registered under the SMA, notices are not to be sent to their residences.

There is a prohibition on sending such notices which could jeopardize the plans of the applicants or become a cause for a threat to their lives or limb, it added.

The court noted that in April 2009, the high court had passed an order directing that notices under the SMA 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.

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 SMA.

"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," the court said.

The matter would be heard next on September 8.