Bhubaneswar: The notaries shall not be allowed to execute marriage or divorce affidavit, this shall be considered to be misconduct, said the law ministry in a recent notice issued in this regard.The High Court of Orissa and the High Court of Madhya Pradesh have clearly held that Notaries are not appointed as Marriage Officers and they are not authorized to execute marriage or divorce deeds. The judgement of the following cases have clearly stated the above rule:
- Partha Sarathi Das Vs. State of Orissa and Others (High Court of Orissa, Date of judgment- 14.09.2023)
- Mukesh S/o Mr. Lakshman @ Lakshminaryan Vs. The State of M.P. (High Court of M.P. Date of judgment- 31.12.2020)
- Bundel Singh Lodhi Vs State of MP (High Court of M.P. Date of judgment- 30.04.2021)
According to the Notaries Rules, 1956, “Neither the Notary is authorized to certify the marriage nor competent to execute the divorce deed under” “A Notary has not been appointed as a Marriage Officer,” the rules further read.Despite the above legal position, it has come to notice that some Notaries are executing documents regarding marriage, divorce, etc. Further, some Notaries are also issuing Marriage Certificates and allowing the execution of declarations of marriage between the parties, which has far- reaching consequences and shall not be allowed.The notice further read, “In view of the above, it is brought to the notice of all concerned that Notaries appointed under the Notaries Act, 1952 should desist themselves from executing marriage or divorce deeds as they are not appointed as Marriage Officers. Such actions on their part are against the extant law. Any omission or commission of the Notaries Act, 1952 or the Notaries Rules, 1956 in this regard on the part of any Notary will tantamount to misconduct and action will accordingly be taken against such Notary in accordance with the provisions contained in Notaries Act, 1952 and Notaries Rules, 1956.”