In a recent ruling on Wednesday, in connection with an inter-caste marriage case of a Hindu-Muslim couple, the Punjab and Haryana High Court has said that officialdom must not be seen “raising eyebrows and laying snares and landmines” in such cases. The procedure for a court marriage, it has said, “must reflect the mindset of the changed times in a secular nation promoting inter-religion marriages”.
Heading the hearing on the plea of a couple who had approached High Curt against court-marriage rules framed by Haryana government, Justice Rajiv Narain Raina said the Court Marriage Check List (CMCL), issued by the Haryana government, largely violates the couple’s right to privacy.
“The provisions appear particularly offensive and excessive executive action beyond the purview of the (Special Marriage) Act,” the judge stated in his order.
“It is suggested to the State of Haryana to suitably modify and simplify the CMCL to bring it in line with the Act by minimal executive interference. It may restrict the list to conditions which account for fundamental procedure avoiding unwarranted overload of obstructions and superfluity,” he ruled.
This mandate came after the couple, one from Gurugram, and the other from Faridabad, wanted to legalise their marriage under the Special Marriage Act without change of religion.