The Orissa High Court has voiced its concerns over notaries issuing marriage certificates, emphasizing that they are not legally authorized to notarise any declaration of marriage. This sentiment was echoed by a two-judge bench comprising Justices S K Sahoo and S S Mishra. The bench was reviewing a marriage document in relation to a petition filed by a man who claimed his wife was being unlawfully held by her parents.
The court’s observations were clear:
“Despite authoritative pronouncements, this court is vexed to observe that the notaries are not abstaining themselves from issuing marriage certificates which have absolutely no value in the eyes of law.”
The court further highlighted the gravity of the situation, noting that without any valid proof of marriage, notaries are permitting the execution of marriage declarations, which can have significant implications.
This issue isn’t new. Back on March 18, 2009, the state law department had released a directive instructing all notaries against issuing marriage certificates, as this is not within their purview under Section 8(1) of the Notaries Act, 1952. Moreover, courts nationwide have consistently held that notaries are not authorized to issue marriage certificates.
The High Court’s recent scrutiny was prompted by a particular case where a notary from Simulia in the Balasore district had attested a marriage declaration. The court has now summoned this notary to present himself in person on September 26 to clarify the grounds on which he permitted the execution of the marriage declaration and under what authority he attested such a document.
Furthermore, the court has initiated a police investigation to determine if the woman in the aforementioned case is being held against her will and to ascertain if a legitimate marriage occurred between her and the petitioner. Given that marriage certificates issued by notaries lack legal validity, the court has instructed the concerned notary public to provide an explanation regarding the issuance of the marriage declaration to the petitioner.
In conclusion, while the act of notaries issuing marriage certificates might seem benign, it holds no legal weight and can lead to complex legal issues. The Orissa High Court’s stance on this matter serves as a reminder of the importance of adhering to the rule of law and the potential consequences of not doing so.
