NOTARIES SHOULD NOT EXECUTE MARRIAGE OR DIVORCE DEEDS : MINISTRY OF LAW & JUSTICE
Category: Family Law
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BACKGROUND
In the recent Supreme Court and High Court hearings, there were cases filed and heard of the issues regarding the notaries acting as marriage officers and executing the marriage and divorce documents along with the marriage certificate issued, which is an act against lawful conduct. In recent judgement in Bhagwan Singh v. State of UP, it was noted that any person involved in the violation of the Notaries Act will be declared unsuitable for the role of Notary. Keeping these instances into consideration, the Union Government has taken the responsibility to curb the menace by issuing the OM to the notice of notaries so that there is a caution put out before taking any extreme steps against them or penalize them. They were also influenced by the case Partha Sarathi Das v. State of Orissa in which the Hon’ble Court held that Notaries are not given the powers and functions of Marriage Officers under Notaries Rules 1956 and the Notaries Act 1952. The Central Government also warned that any act or omission by a Notary would be punished for misconduct as mentioned in Rule 13 of the Notaries Rules, 1956.
KEY ASPECTS
NOTARY IS NOT A MARRIAGE OFFICER
The Central Government has clarified to all the notaries by issuing Office Memorandum and gave notice on the illegality of the Notary acting as marriage officer as it is not under the powers and duties of the statute and the rules related to the position. They cannot execute the marriage and divorce deeds as well as issue marriage certificates.
COMMISSION OR OMISSION LIABLE FOR MISCONDUCT
In case the Central Government gets any information on the act of notaries going against the rules and regulations then they will have to face the consequences such as responsible for profession misconduct and losing of the role of notary.
CONCLUSION
In the light of the matter concerning the Central Government, the executive has taken the responsibility of cautioning the notaries to limit their powers as per the Notaries Act, 1952 and Notaries Rules, 1956 and not overreach the powers that would have its legal consequences. It is put forth to the notice of all notaries in order to ensure the personal matters like marriage, divorce is not executed by the authorities who is not legitimized or authorized by the Government to exercise such roles.
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WRITTEN BY: SOUJANYA V
GUIDED BY: ADVOCATE ANIK
