Kochi: The Kerala High Court has asked if the 30-day notice period is still required for marriage to be valid under the Special Marriage Act. The observation of the High Court is on the petition filed by the residents of Ernakulam challenging the notice period in the Special Marriage Act. The court also directed the central and state governments to file an affidavit on the matter.
As per Rule 5 of the Special Marriage Act, 30 days notice period must be completed for the marriage to be valid. The law states that the bride and groom must be residents of the area where the marriage is registered for 30 days. It is said in the petition that this provision is unconstitutional and there is no obligation to follow the provisions in the form of a proposal.
The court that considered the petition, Justice V.G. said that in view of the changes in customs and other things, the length of time for the marriage to be valid should be reconsidered. Arun pointed out.
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Many people come from abroad for a short vacation. Many people get married during this time. However, one has to wait till the notice period is over to get married. The court said that the legislators should examine whether there is a need for such a wait at a time when there have been many changes in information, science and society.
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Meanwhile, the court rejected the request of the petitioners to issue an interim order by relaxing the 30-day notice period as they have to return abroad. The court held that the interim order could not be passed as it was not satisfied that the provision was unconstitutional.
Meanwhile, the Deputy Solicitor General told the court that the 30-day time limit for filing objections regarding the marriage is limited. The plea will be heard again after a month.
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