New Delhi: A law student has moved the Supreme Court to scrap certain provisions of the Special Marriage Act on the ground that they violate the fundamental rights of citizens under Article 14, 15 and 21 of the Constitution of India.
The petition seeks the court’s directions to strike down Sections 6(2), 7, 8 and 10 of the Special Marriage Act, 1954, as unjust, illegal and unconstitutional.
He also seeks direction to strike down Section 6(3) of the Special Marriage Act, 1954 to the extent to which it says “that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office” as unjust, illegal and unconstitutional.
The petitioner further seeks directions to strike down Section 9 of the Special Marriage Act, 1954 to the extent to which it deals with inquiry under Section 8 of the Special Marriage Act.
The Special Marriage Act, 1954 is an Act of Parliament enacted with the intent to provide a special form of marriage for the people of India and all Indian Nationals in foreign countries, irrespective of the religion or faith followed by either party. It is mostly used in the inter-caste and inter-religion marriages.
