Recently, the division bech of the Orissa High Court comprising, Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra, held that.  Notaries are not authorized to register marriages or issue marriage certificates.

''They are not authorised to do so under the Notaries Act, 1952'', the Bench said.

“Due to such extra-legal and subterfuge arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage do not have even the slightest of legal sanctity.”

Case Brief -

In the said matter, the Court was hearing a habeas corpus petition filed by a man who alleged that his wife has been illegally detained by her parents and preventing her from living with him. During the proceedings, the Court inquired whether the petitioner possessed any documentary evidence, such as photographs or video recordings, to substantiate his marriage to the mentioned woman.

The Court noted that there is no legal proof basing upon which the said marriage declaration document was prepared and notarized by the notary.

“Time and again Courts across the country have echoed it in identical voice that Notaries are neither authorized to issue certificates of marriage nor they are legally entitled to notarize any signed declaration of marriage, which is apparently beyond the scope of their functions prescribed under section 8 of the Notaries Act, 1952 (Act no.53 of 1952),” the Court added.

“Despite such authoritative pronouncements, this Court is vexed to observe that the Notaries are not abstaining themselves from issuing marriage certificates which have absolutely no value in the eyes of law and without any valid proof of marriage, they are allowing execution of declaration of marriage between the parties which have far-reaching consequences,” the Court observed.

The Court in its order directed notary to appear in person before it on the next date to explain as to on what basis he allowed execution of the marriage declaration before him and under what authority he attested the same.