`Notaries cant issue marriage certificates Jul 15 2014 : The Times of India (Mumbai) The Karnataka high court on Monday issued an order directing the state law secretary to send out a circular restraining notaries across the state from issuing certificates solemnizing marriages. A division bench headed by justice KL Manjunath also asked the registrar, city civil court, Bangalore, to issue a similar order. The bench gave the directions while hearing a habeas corpus petition, wherein a person had produced a certificate issued by a notary in Bangalore (May 2012) and sought production of “his wife“ before the court. The court summoned the registrar and the notary who had issued the said “marriage certificate“. “We are noticing notaries issuing such certificates in respect of declara tion of marriage. In fact, they are playing with the lives of people. People should not misunderstand this. It is not a valid document,“ the bench observed. The judge asked the government lawyer to inform the law secretary to issue a circular to notaries across the state. Only a sub-registrar has the power to register a marriage. The notary apologized to the court. Interestingly, the petitioners counsel was absent during the hearing. The police on investigation found the woman in question, a divorcee, had not married the petitioner. She had in fact decided not to marry the petitioner after she felt that she would not be comfortable with him. She had also left her job in Bangalore and shifted to Chennai. Manoj, the petitioner, had prayed the court to issue a direction to the police to produce his “wife“ before the court. He claimed she had been missing for two months and felt her mother and brother-in-law were keeping her in illegal custody. In support of his marriage claim, he had produced the certificate issued by the notary.
Posted on: Tue, 15 Jul 2014 01:07:47 +0000
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