Section 6: Marriage Notice Book and publication

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954

Legal Commentary & Landmark Judgments: Section 6

Section 6 mandates the maintenance of the Marriage Notice Book and the public display of notices of intended marriage, a provision that has been judicially recalibrated to protect the constitutional privacy of couples.

  • Marriage Notice Book: The Marriage Officer shall keep all notices given under Section 5 with the records of the office and enter a true copy of each notice into the prescribed Marriage Notice Book.
  • Public Inspection Standard: The Marriage Notice Book shall be open for inspection at all reasonable times without fee by any person desirous of inspecting the same.
  • Affixation at Office: Requires the Marriage Officer to cause a copy of the notice to be affixed to some conspicuous place in his office for a 30-day statutory notice period.
Key Landmark Precedents:
  • Safiya Sultana v. State of U.P. (2021) SCC OnLine All 19: The Allahabad High Court held that mandatory public display of marriage notice under Section 6/7 violates the fundamental right to privacy under Article 21; the publication of notice must be optional at the choice of the parties rather than mandatory.
  • Anoop M.S. v. State of Kerala (2020) SCC OnLine Ker 2573: The Kerala High Court restrained the uploading of marriage notices under Section 6 on public government portals, holding that public dissemination exposes couples to vigilante harassment and doxxing.
Courtroom Practice & Strategic Litigation Guidance:

When filing notice under Section 5, cite Safiya Sultana and request in writing that personal mobile numbers, home addresses, and photographs not be displayed publicly or uploaded on public websites to safeguard the couple from unauthorized intrusions.