Same-sex marriage: SC may refer challenge to notice provision under SPA

The Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same sex marriages, on Thursday indicated it might refer for adjudication by a two-judge bench the challenge to the 30-day prior notice provision in the Special Marriage Act, 1954.

The Special Marriage Act, 1954 provides a legal framework for the marriage of people belonging to different religions or castes. It governs a civil marriage where the state sanctions the marriage rather than the religion.

Section 5 of the Act says when a marriage is intended to be solemnised under this law, the parties to the marriage shall give notice in writing in the form specified in the second schedule to the marriage officer of the district in which at least one of them has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.

Similarly, section 7 of the 1954 law deals with objection to marriage and says any person may, before the expiration of 30 days fr