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Judgment
N.K. Sud, J.—Petitioners applied for the registration of their marriage before the Deputy Commissioner-cum-Marriage Officer, Hoshiarpur. They have been directed by the Marriage Officer vide order dated 22.3.2005 to have the factum of their marriage published in newspaper. Petitioners complain that there is no provision under the Special Marriage Act, 1954 (for short the Act), requiring the publication in the newspaper.
Mr. P.S. Chhinna, Additional Advocate General was asked to seek instructions in the matter. He concedes that there is no provision under the Act for publication of the factum of marriage in a newspaper for the purpose of registration. He, therefore, states that the petitioners should appear before the Marriage Officer who shall take necessary action and dispose of the application of the petitioners in accordance with law without insisting upon the publication in a newspaper.
Accordingly, in view of above, impugned order dated 22.3.2005, Annexure P/9 is set aside. The Marriage Officer will now pass a fresh order on the application of the petitioners in accordance with law without insisting of publication in the newspaper.
The writ petition stands allowed in the above terms