The Union Ministry of Law and Justice has instructed all Notaries to refrain from executing marriage and divorce deeds, as they are not designated as Marriage Officers.
In an Office Memorandum released by the Department of Legal Affairs, Notaries have been warned that executing such deeds is illegal.
“It is brought to the notice of all concerned that the Notaries appointed under the Notaries Act 1952 desist themselves from executing marriage or divorce deeds as they are not appointed as Marriage Officers. Such actions on their part are against the extant law. Any omission or commission of the Notaries Act, 1952 or the Notaries Rules, 1956 in this regard on the part of any Notary will tantamount to misconduct and action will accordingly be taken against such Notary in accordance with the provisions contained in Notaries Act, 1952 and Notaries Rules, 1956.”
The Office Memorandum issued by Rajeev Kumar, Deputy Secretary to the Government of India, indicated that according to the clear interpretation of Section 8 of the Notaries Act, 1952, and sub-rule (8) of Rule 11 of the Notaries Rules, Notaries are not authorized to execute marriage or divorce affidavits.
A Notary is neither permitted to certify a marriage nor qualified to execute a divorce deeds
Despite this legal stance, the Centre has observed instances where Notaries are executing documents related to marriage and divorce. Additionally, in some cases, Notaries are also issuing Marriage Certificates, which can have significant implications.
The OM referred to the Orissa High Court’s judgment in Partha Sarathi Das v. State of Orissa & Ors, Madhya Pradesh High Court’s judgments in Mukesh S/o. Mr Lakshman @ Lakshminarayan. v. The state of M.P and Bundel Singh Lodhi vs The State Of Madhya Pradesh, which held that Notaries are not marriage officers.
The recent Supreme Court judgment in Bhagwan Singh v. State of UP was also referenced, which determined that Notaries who act in contravention of the Notaries Act are subject to charges of professional misconduct
Your Voice Matters: Helpline for Men Sahodar
If you need legal help in India, please give a missed call to +91-9811850498 or leave your query on WhatsApp at the same number.