Archive · 26 Dec 2025
Delhi HC to Test Special Marriage Act Validity
The Delhi High Court can now decide if parts of the Special Marriage Act are fair.
This law says that when people want to get married, their plans must be announced publicly, and anyone can object.
A couple who wanted to marry but faced opposition from their families said this rule is unfair because it invites trouble and invades their privacy.
The Supreme Court recently said the Delhi High Court can decide this issue.
The government had asked the Supreme Court to take over the case, but the Supreme Court said no.
Now, the Delhi High Court will hear the case and decide if these rules are fair and follow the constitution.
The Delhi High Court can now test the constitutional validity of provisions of the Special Marriage Act, 1954, which require mandatory public notice for intended marriages.
The Supreme Court dismissed a 2024 petition by the Ministry of Law and Justice seeking to transfer the case from the Delhi High Court to itself.
The petition was filed by an interfaith couple whose marriage was opposed by their parents, arguing that the 30-day public notice period invites objections and jeopardizes their privacy.
The Delhi High Court has had the petition pending since 2020 and will now hear the issue afresh following the Supreme Court's decision.
The Supreme Court's decision allows the Delhi High Court to proceed with the case, which challenges the constitutional validity of sections 6 and 7 of the Special Marriage Act.
- Who
- Delhi High Court, Supreme Court, Ministry of Law and Justice, Interfaith Couple
- What
- Delhi High Court can now test the constitutional validity of provisions of the Special Marriage Act, 1954
- When
- Supreme Court dismissed the transfer petition on November 19, 2024
- Where
- Delhi High Court and Supreme Court of India
- Why
- To address the constitutional validity of sections 6 and 7 of the Special Marriage Act, which mandate public notice and consideration of objections to intended marriages
- Act in Question
- Special Marriage Act, 1954
- Sections Challenged
- Sections 6 and 7
- Petition Filed By
- Interfaith Couple
- Supreme Court Decision Date
- December 19, 2024
- Delhi HC Petition Year
- 2020
- Law Ministry Transfer Petition Year
- 2024
- Supreme Court Transfer Dismissal Date
- November 19, 2024