Prayagraj: Amidst raging controversy over Prevention of Forceful Religious Conversion Ordinance 2020 (Love Jehad), Allahabad High Court in a significant order has said requirement of publication of notice for intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marriage Act is not mandatory.
The court also said the mandate of 30 days prior notice under Special Marriage is optional, it can be published only on request of couples.
A single bench of Justice Vivek Chaudhary while scrapping the section observed that making such publication would invade in the fundamental rights of liberty and privacy of an individual.
The Allahabad high court order was pronounced on Wednesday in a case of habeas corpus which was reserved on December 14.
The petition was filed in a case of a girl who had been forcefully kept in custody by her family and was not being allowed to marry the boy from other religion.
The petition had alleged that competent authorities were adamant on compliance of 30-day period and were determined to disclose the identity of the couple so that objections could be invited.
The Yogi Adityanath government in its ordinance had said that for an interfaith marriage it was necessary to conduct it under the special marriage act and that identity of such couple should be made public so that objections could be invited.
The larger case challenging the very ordinance is already pending before the supreme court. The apex court has issued notice to both Uttar Pradesh and Madhya Pradesh governments. (UNI)
