Delhi High Court and the Special Marriage Act
The Delhi High Court is now set to evaluate the constitutional validity of certain provisions within the Special Marriage Act (SMA), 1954. These provisions require the mandatory issuance of a public notice inviting objections to an intended marriage.
Background and Supreme Court Involvement
- The Supreme Court (SC) dismissed a petition by the Ministry of Law and Justice in December 2023, which aimed to transfer a case challenging the SMA's sections 6 and 7 from the Delhi High Court to itself.
- Section 6 mandates a public notice for objections, while Section 7 deals with the consideration of such objections, potentially preventing the solemnization of marriage.
- The pending petition at Delhi HC was filed by an interfaith couple facing familial opposition, arguing that the 30-day objection period invades privacy and forces alternative marriage solutions.
Arguments and Developments
- The petition argues that public notice for marriage, a private affair, breaches individuals' privacy and threatens their life and liberty.
- Delhi HC received a notice regarding this petition in October 2020, but the Delhi government hadn't responded by August 2022.
- Despite no response from the government, Delhi HC proceeded with hearing arguments on the issue.
Supreme Court's Role in Similar Cases
The Supreme Court has exercised its power under Article 139A to transfer cases involving similar legal questions from various High Courts to itself.
Instances of Case Transfers
- In 2022, the SC denied transferring petitions challenging the Payment of Bonus (Amendment) Act, 2015, stating it preferred the insights from jurisdictional High Courts.
- In September, the SC consolidated cases challenging anti-conversion laws, despite initial opposition from the Attorney General.
- The SC also transferred cases regarding the Promotion and Regulation of Online Gaming Act, 2025, to itself in September 2025.
- In March 2020, it moved petitions related to the Central Vista redevelopment project to itself, consolidating them from the Delhi HC.
- For same-sex marriage recognition under various marriage laws, the SC transferred petitions from Delhi and Kerala High Courts to itself in January 2023.
