The Union Ministry of Law & Justice has issued a strict advisory to all notaries across India, directing them to refrain from executing marriage and divorce deeds, as they are not legally empowered to do so.
The Office Memorandum (OM), issued by Rajeev Kumar, Deputy Secretary to the Government of India, underlines that notaries are neither appointed as Marriage Officers nor authorized to issue legal certificates for marriage or divorce under the current legal framework.
Notaries Act, 1952
The advisory explicitly refers to the Notaries Act, 1952 and Notaries Rules, 1956, which clearly outline the roles and responsibilities of notaries.
According to Section 8 of the Notaries Act and sub-rule (8) of Rule 11 of the Notaries Rules, the execution of marriage and divorce affidavits does not fall under the notary’s jurisdiction.
The Ministry emphasized that any deviation from these provisions would constitute professional misconduct, inviting disciplinary action against the concerned notaries.
Growing Concern Over Unauthorized Documents
Despite these clear legal boundaries, the Ministry has observed several instances where notaries have unlawfully executed documents about marriages and divorces.
Alarmingly, some notaries have even been found issuing marriage certificates, which hold significant legal and social implications.
The OM referred to various judicial precedents to support its position. In the Partha Sarathi Das v. State of Orissa & Ors. case, the Orissa High Court unequivocally held that notaries are not marriage officers.
Similarly, the Madhya Pradesh High Court in Mukesh v. The State of M.P. and Bundel Singh Lodhi v. The State of M.P. echoed the same stance.
Recently, the Supreme Court of India in Bhagwan Singh v. State of UP reaffirmed that notaries indulging in such practices are liable for misconduct under the Notaries Act.
Legal Implications
The Ministry has issued a stern warning, stating that any notary found violating the law by executing or certifying marriage and divorce deeds will face strict legal consequences.
Notaries are urged to adhere to the statutory duties prescribed under the Notaries Act and desist from engaging in activities beyond their legal mandate.
Judicial Precedents Cited:
- Partha Sarathi Das v. State of Orissa & Ors. – Orissa High Court
- Mukesh S/o. Mr. Lakshman @ Lakshminarayan v. The State of M.P. – Madhya Pradesh High Court
- Bundel Singh Lodhi v. The State of Madhya Pradesh – Madhya Pradesh High Court
- Bhagwan Singh v. State of UP – Supreme Court of India