The Delhi High Court has refused to relax the mandatory 30-day notice period prescribed under the Special Marriage Act, observing that personal hardship or individual inconvenience, however genuine, cannot justify bypassing a statutory mandate.
The single-judge Bench of Justice Purushaindra Kumar Kaurav dismissed a plea filed by a couple seeking waiver of the notice period so that their marriage could be solemnised before June 10, 2026, citing the groom’s impending employment abroad.
The petitioners had submitted a notice of intended marriage before the Marriage Officer at Kalkaji on May 11, 2026, under Section 5 of the Special Marriage Act, 1954. Since the statutory waiting period under Sections 6 and 7 had not expired, the marriage was scheduled for solemnisation on June 19, 2026.
Before the Court, the petitioners contended that petitioner no.1 had secured employment overseas and was required to join duties before June 10. They argued that waiting for the expiry of the statutory period would cause grave hardship, especially when there was no legal impediment to their marriage.
Rejecting the plea, the Court held that the statutory framework under the 1954 Act expressly contemplates solemnisation of marriage only after the expiry of 30 days from publication of notice.
Referring to Section 16 of the Act, the Court observed that the waiting period is not merely procedural but forms an integral part of the legislative scheme consciously enacted by Parliament.
According to the Court, the waiting period and other mechanisms outlined in the Act of 1954 represent a deliberate legislative framework established by Parliament, rather than mere procedural rules
It further held that the High Court, while exercising writ jurisdiction, cannot direct statutory authorities to act contrary to the law, particularly when deviation from the statutory mandate itself may attract penal consequences.
The Court observed that individual difficulties or personal hardships, no matter how authentic, cannot justify bypassing mandatory legal requirements. In such cases, the principle of dura lex sed lex, meaning ‘the law is hard, but it is the law’, remains firmly applicable.
Observing that the legislature is presumed to be conscious of possible hardships arising in individual cases while framing statutory provisions, the Court held that judicial interference to rewrite or dilute such requirements would be impermissible.
The Court found no merit in the plea to curtail or waive the 30-day notice period required by the Act of 1954, subsequently dismissing the petition.
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