The Delhi High Court has ruled against directing authorities to waive or shorten the mandatory 30-day notice period under the Special Marriage Act, 1954. The court stated that it cannot force statutory bodies to act against the law due to personal hardships. The decision came in response to a writ petition filed by a couple seeking relaxation of the waiting period to solemnize their marriage before June 10.
Justice Purushaindra Kumar Kaurav, in dismissing the petition, emphasized that the SMA mandates marriage only after the 30-day notice period. The petitioners had cited urgency due to one partner’s overseas job offer, but the court upheld the legal framework’s requirement for the waiting period. Referring to the statutory provisions, the judgment highlighted that marriage can occur only after the specified period.
The court rejected arguments based on previous judgments from the Delhi and Allahabad High Courts, noting that those cases dealt with different issues. It clarified that the current petition solely focused on reducing the waiting period due to personal reasons. Justice Kaurav stressed that courts cannot alter statutory procedures established by law and that personal difficulties do not justify bypassing legal requirements.
The judgment underscored that the waiting period in the SMA is not just procedural but an integral part of the legislative framework. It emphasized that courts should not reinterpret laws based on individual circumstances. Granting the relief sought would mean directing authorities to violate the law, leading the court to dismiss the petition. The ruling highlighted the importance of upholding legislative mandates and not compromising statutory compliance for personal reasons.
