Aishwarya Rathore-
Delhi High Court issued notice on a petition seeking to have an application for registration of the petitioner’s marriage under the Special Marriage Act, 1954 removed from the Registrar of Marriage’s website.
The question before Justice Rekha Palli was if the Marriage Registrar had a right to keep such an application on its website indefinitely, even after the marriage has been dissolved or not.
The Special Marriage Act permits people of different faiths to enter into wedlock without converting to another faith. Under Section 6 of the Act, the concerned marriage officer is under an obligation to issue a public notice for 30 days regarding the intended marriage to invite potential objections.
In a landmark milestone, Allahabad High Court Justice Vivek Chaudhary ruled on January 12, 2021, that such compelled publication of intended marriage notices breaches fundamental rights to liberty and privacy, including the freedom to marry without interference from state and non-state entities.
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In the present case, the application for marriage registration was filed in 2018, but the marriage was subsequently dissolved on September 7, 2020. Regardless of the dissolution of the marriage, the concerned application remains on the Registrar’s website.
As a result, the concerned application for registration can be accessed on various search engines, causing the petitioner great discomfort and prejudice because she is forced to answer multiple embarrassing questions about prior events in her life.
Petitioner’s attorney argued that the application exposes her personal information to the general public, including her address, date of birth, father’s name, and other crucial information.
It is hence, a violation of the petitioner’s constitutional right to privacy. As a result, the petitioner asked the Court to issue directions for the removal of the registration.
Accordingly, the respondents have been served with notice, which is due on October 18. A rebuttal affidavit must be filed within four weeks, according to the Court. If necessary, a rejoinder may be filed within three weeks.
