The Ministry of Law & Justice has issued a stern directive to notaries, warning them to refrain from executing marriage or divorce deeds, as they are not appointed as Marriage Officers. Unauthorized actions in this regard violate the Notaries Act, 1952, and could result in professional misconduct and severe penalties.
New Delhi: The Ministry of Law & Justice has recently issued a clear directive to notaries appointed by the central government, instructing them to refrain from executing marriage or divorce deeds, as they are not designated as marriage officers. The official memorandum from the Ministry’s Department of Legal Affairs (Notary Cell) aims to clarify the role of notaries and address the rising issue of unauthorized actions by notaries related to marriage and divorce documents.
Signed by Rajeev Kumar, Deputy Secretary to the Government of India, the notice clearly states,
“Notaries must desist from executing marriage or divorce deeds as they are not appointed as Marriage Officers. Such actions are against the law and any omission or commission under the Notaries Act, 1952, or Notaries Rules, 1956 will be considered misconduct, and appropriate action will be taken.”
The memorandum emphasized that only Marriage Officers appointed by the government are authorized to register marriages and divorces. It also cited the Orissa High Court’s ruling in the case of Partha Sarathi Das v. State of Orissa, where the court held that notaries are not empowered to act as marriage officers. The ruling stated, “Notaries are not authorized to certify marriages or execute divorce deeds under the Notaries Act, 1952, and the Notaries Rules, 1956.”
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Despite this clear legal stance, the Ministry expressed concern that some notaries are still engaging in these unauthorized practices. “Some Notaries are issuing marriage certificates and allowing the execution of marriage declarations, which has far-reaching consequences,” the memo warned. This unauthorized conduct by notaries is considered a violation of the law and could lead to disciplinary action.
The Ministry’s memorandum outlined the legal repercussions for notaries involved in such activities. Any notary found in violation of the provisions of the Notaries Act or Rules would be liable for professional misconduct. The memo warned,
“The Notary concerned will be dealt with under Rule 13 of the Notaries Rules, 1956, and may also face action from the appropriate government under the provisions of Section 10 of the Notaries Act, 1952.”
The directive also referenced the Supreme Court’s recent judgment in Bhagwan Singh v. State of U.P., which reaffirmed the strict interpretation of the Notaries Act. The court ruled that any violation of the Act would render the individual unfit for the role of notary, potentially leading to the removal of their name from the Register of Notaries.
The Ministry made it clear that any notary found guilty of professional or other misconduct could face severe penalties, including being stripped of their notary status. The memo concluded by emphasizing that unauthorized actions, particularly in matters as sensitive as marriage and divorce, would not be tolerated, and strict measures would be taken to protect the integrity of the legal profession.
This directive underscores the importance of upholding the legal boundaries set by the Notaries Act and highlights the consequences of overstepping these roles.
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