A notary public is a person authorized by the Government to serve as an impartial witness in various legal transactions. It is for authenticating and verifying the execution of any instrument. Whenever a notary signs or verifies a document it means he is attestibg it that it is a true copy of original and reliable. Notaries are appointed by Central and State Government under the Notaries Act, 1952.
Orissa High Court in its recent ruling held that the marriage certificate or registration of marriage by notary public has no value in the eyes of law. (Pratha Sarathu Das v. State of Orissa and ors)
Neither notaries are authorized to issue any marriage certificate nor they are entitled to issue any signed declaration of marriage.
Facts of the are that a man filed a plea before the High Court stating that his wife is being detained by her parents. He presented the document of marriage that was signed and sworn before a public notary in April, 2023.
The Court criticised that even after repetitive and authoritative judgement of the High Court, the notaries are not abiding by the order.
It referred to the case of Rohit kumar Behera v. State of Orissa, where it held that the certificate of marriage by notary is illegal.
The bench of Justices Sangam Kumar Sahoo and Sibo Shankar Mishra ordered probe of police to investigate whether the lady is detained and whether any marriage took place between these two people.
The Court ordered the concerned notary public to give an explanation that on what basis he allowed the decalaration and what authority does he have to do that.
The Court striclty held that verify a marriage or issuing a declaration of same is beyond the scope of Section 8 of Notaries Act, 1952. Hence any such declaration or certificate is not valid proof of marriage. They make couples believe that they are legally married but the truth is that it doesn’t even have a slightest of legal sanctity.
Written by – Tannu, College- Maharshi Dayanand University, Rohtak, Semester- 3,an intern under Legal Vidhiya
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