The Delhi High Court has slapped a contempt notice on the Sub-Divisional Magistrate (SDM) who had sent a notice of marriage to the families of an interfaith couple.

The Delhi HC noted that the move had put the safety of the couple at risk because the woman was detained by her family and was only released after her husband moved the high court with a habeas corpus plea.

The HC has reiterated that the Special Marriage Act was created to allow two adults to register their marriage without interference from others.

In 2009, the Delhi HC had issued specific directions to all SDM/DCs that the notice of marriage under the Special Marriage Act should not be sent to the residences of the couple. Instead, the "display/publication" of the notice of marriage can be put up on a notice board outside the SDM office.

"The unwarranted disclosure of matrimonial plans by two adults entitled to solemnise it may, in certain situations, jeopardise the marriage itself. In certain instances, it may even endanger the life or limb of one or the other party due to parental interference," the court had noted in its 2009 judgement.

Justice Najmi Waziri has now issued a contempt of court notice to the SDM, Southwest Delhi.

"The marriage officers were specially directed to follow the said procedure and not to dispatch notices to the residences of the applicants/petitioners, who sought solemnisation under Chapter II of the Special Marriage Act, 1954,” said the court, adding that "there is a prohibition to send such notices which could jeopardise the plans of the applicants or become a cause for threat to their lives or limb”.