Notaries can't certify marriages: High Court

Bangalore, Jul 15: The High Court of Karnataka on Monday asked the Law Secretary to issue a circular to all notaries across the State directing them not to issue marriage registration certificates' as the law did not authorise them to issue such certificate.

The court also directed the Registrar of the City Civil and Sessions Courts, Bangalore, to issue a similar circular restraining notaries from issuing certificates solemnising marriage.

As per the law, the marriages can be registered only with the Registrar of Marriage, who is authorised to issue marriage registration certificate. A Division Bench comprising Justice K.L. Manjunath and Justice Ravi Malimath issued the directions when it noticed a marriage certificate', issued by a notary at the City Civil and Sessions Courts complex in Bangalore, during the hearing of a habeas corpus writ petition.

“We are noticing that the notaries are issuing such certificates in respect of declaration of marriage. In fact, they [notaries] are playing with lives of the people. Notaries are misleading people by issuing such certificates. It is not a valid document,” the Bench observed. The Bench issued the direction after summoning the Registrar of the City Civil and Sessions Court and the notary, who had issued the certificate. The notary apologised to the court.

Manoj had filed the petition seeking a direction to the police to produce his “wife”, while alleging she was in the illegal custody of her mother and brother-in-law.

The petitioner had produced a certificate issued by the notary, solemnising their marriage, to claim that he had married her in May 2012.

However, the police investigation found that the woman, a divorcee, did not marry Manoj after finding out that she would not have a comfortable life with him.