Notaries Are Neither Authorized To Issue Marriage Certificates Nor Legally Entitled To Notarize Any Signed Declaration Of Marriage: Orissa HC

The Orissa High Court has observed that notaries are neither authorized to issue certificates of marriage nor they are legally entitled to notarize any signed declaration of marriage.

Further, the Court noted that parties often mistakenly believe that receiving a Notary attested marriage declaration legally validates their marriage. However, such a document holds no legal value.

The Court directed the Notary Public of Simulia in Balasore to appear and submit reasons for issuing and attesting a marriage declaration document. The Court reiterated that the Notaries are not authorized to issue marriage certificates or notarize signed marriage declarations. The Court noted that such is beyond the scope of their functions under section 8 of the Notaries Act, 1952 (Act).

“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”, the Bench comprising Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra noted.

The Bench observed, “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. 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”.

Advocate P.C. Dash appeared for the Petitioner, and Additional Government Advocate Saswata Patnaik appeared for the Respondents.

A Writ Petition was filed before the Court seeking directions against Respondents no. 7 and 8 for the production of his wife, who was allegedly confined, preventing her from joining her legally married husband.

The Court noted that a marriage declaration document was signed by both parties and sworn before a Notary Public in Balasore on April 19, 2023. The Court noted that per the document, the petitioner and the opposite party were married in the presence of friends and family and living a happy married life. However, the Court noted that there is no legal document or valid proof of the marriage.

The Court referred to the cases of Rohit Kumar Behera v State of Orissa [(2012) 2 ILRCUT 395], Ramakanta Nayak v Itishree Mohapatra [(2017) SCC OnLine Ori 219] and Mukesh v The State of M.P. [M.Cr.C. No. 44184 of 2020]. The Court noted that despite authoritative statements, Notaries continue to issue marriage certificates with no legal value and allow the execution of marriage declarations without valid proof. The Bench noted that these actions have significant consequences, as they deceive parties into believing they are legally married when their marriage has no legal sanctity.

Accordingly, the Court listed the matter for September 26.

Cause Title: Partha Sarathi Das v State of Orissa & others

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