The central government has issued a clear warning that notarised marriages and divorces are illegal, and notaries engaging in these practices will face serious legal repercussions. This announcement was made through a recent memorandum from the Ministry of Law & Justice, emphasizing the strict boundaries of notarial duties.
The memorandum, issued by the Department of Legal Affairs, states that notaries appointed under the Notaries Act, 1952, do not have the authority to execute marriage or divorce deeds, a role specifically designated to Marriage Officers. The Ministry of Law & Justice highlighted that any deviation from this directive is considered a violation of both the Notaries Act, 1952, and the Notaries Rules, 1956.
“Such malpractices by notaries disrupt the legal integrity and the solemn nature of marital proceedings,” stated Rajeev Kumar, Deputy Secretary to the Government of India. “Engaging in activities that are clearly outside their jurisdiction not only undermines the legal system but also poses significant risks to the parties involved in such deeds.”
The ministry’s memorandum also cited several precedents, including the decision in Partha Sarathi Das v. State of Orissa, where the court ruled that notaries do not possess the legal authority to act as Marriage Officers. Furthermore, the Supreme Court’s decision in Bhagwan Singh v. State of U.P. was referenced, which underlined the importance of adherence to the legislative framework governing notarial duties.
The government is now taking steps to enforce this rule more strictly, with measures including closer monitoring of notarial activities and severe penalties for those found in violation. This includes potential removal from the Register of Notaries and other disciplinary actions as per the governing laws.
Officials from the Ministry of Law & Justice urge all parties seeking to marry or divorce to adhere to the proper legal channels, warning that reliance on notarised documents for these purposes will not be recognized legally and could result in invalidation of the proceedings.
This directive is part of broader efforts by the government to reinforce the rule of law and ensure that legal processes involving personal status such as marriage and divorce are conducted with the utmost legitimacy and adherence to legal norms.
