Failure to pay Rs 110 fees under Special Marriage Act delays interfaith couple’s wedding

PTI, Aug 9, 2021, 12:26 PM IST

Failure to pay on time a requisite fees of Rs 110 along with an intended notice of wedding under the Special Marriage Act delayed the registration of an inter-faith couple’s nuptials and led to postponing of the bride-to-be’s return to Saudi Arabia where she works as a nurse.

The couple also failed to get any relief from the Kerala High Court which said that registration or solemnization of a marriage under the Special Marriage Act will not happen if notice of the intended wedding is not accompanied by the requisite fees.

The couple had initially given the notice of the intended wedding to the Marriage Officer on June 11, but had not remitted the requisite fees along with that.

It was only a few weeks later that the couple realised that the notice had not been published as the fees were not paid as required under the Kerala Special Marriage Rules of 1958, advocate R Rajesh, who appeared for them in the high court, told P T I.

As they paid the amount only on July 9, the date for registration — which can happen only after 30 days from publishing the notice — could not be done before August 5, the date when the bride was to return to Saudi Arabia.

Since the Marriage Officer was refusing to register their nuptials before August 5, the couple had moved the high court which too did not grant any relief.

The court had said that it was clear from the Kerala Special Marriage Rules of 1958 that ”if notice is given without remitting the fees, the same cannot be considered as one given in conformity with the requirement of the Special Marriage Act”.

”If that be so, the Marriage Officer is not obliged to act upon such notice,” the court had said in its August 4 order.

Rajesh, told P T I, that since the couple got no relief from the high court, the woman has postponed her return by a few more days and a date for registration of their marriage would be given by the Marriage Officer after August 9.

He said that a marriage certificate was necessary for the woman to get a visa for her husband so that he can join her in Saudi Arabia.