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Plea in SC to strike down certain parts of Special Marriage Act

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New Delhi: A plea has been moved in the Supreme Court of India challenging the certain provisions of the Special Marriage Act on the ground it violates fundamental rights of citizens under Article 14, 15 and 21 of the Constitution of India.

The petitioner is a law student and seeks the court’s directions to strike down Sections 6(2), 7, 8 and 10 of the Special Marriage Act, 1954, as unjust, illegal and unconstitutional.

The petitioner also seeks direction to strike down Section 6(3) of the Special Marriage Act, 1954 to the extent to which it says “that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office” as unjust, illegal and unconstitutional.

The petitioner further seeks directions to strike down Section 9 of the Special Marriage Act, 1954 to the extent to which it deals with inquiry under Section 8 of the Special Marriage Act as unjust, illegal and unconstitutional.  

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The Special Marriage Act, 1954 is an Act of the Parliament enacted with intent to provide a special form of marriage for the people of India and all Indian Nationals in foreign countries, irrespective of the religion or faith followed by either party. It can apply in inter-caste and inter-religion marriages. 

– India Legal Bureau

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