Gauhati High Court
WP(C)/1764/2026 of SMT SMITA SEN AND ANR Vs THE STATE OF ASSAM AND 3 ORS on 27 September 2026
GAHC010010772026 2026:GAU-AS:14403 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1764/2026 SMT SMITA SEN AND ANR DAUGHTER OF SURAJIT SEN, RESIDENT OF HOUSE NO. 1466, DEBEN KHAKHLARI PATH DHIRENPARA, GUWAHATI, P.O. DHIRENPARA AND P.S.
GAHC010010772026
2026:GAU-AS:14403
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1764/2026
SMT SMITA SEN AND ANR
DAUGHTER OF SURAJIT SEN, RESIDENT OF HOUSE NO. 1466, DEBEN
KHAKHLARI PATH DHIRENPARA, GUWAHATI, P.O. DHIRENPARA AND P.S.
FATASIL AMBARI, DISTRICT KAMRUP METROPOLITAN, ASSAM, PIN-
781025.
2: SHUKCHAND ALI
S/O- AMZAD ALI
RESIDENT OF A. K. DEVI ROAD
DHIRENPARA
GUWAHATI P.O. DHIRENPARA P.S. FATASIL AMBARI
DISTRICT- KAMRUP METROPOLITAN
ASSAM
PIN- 781025
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI-781006.
2:THE DISTRICT COMMISSIONER
KAMRUP MERTOPOLITAN
HENGRABARI
GUWAHATI
DISTRICT-KAMRUP METROPOLITAN
ASSAM
PIN- 781036.
3:THE SENIOR SUB-REGISTRAR
KAMRUP MERTOPOLITAN
HENGRABARI
GUWAHATI
DISTRICT -KAMRUP METROPOLITAN
ASSAM
PIN- 781036.
4:THE MARRIAGE REGISTRAR
KAMRUP MERTOPOLITAN
HENGRABARI
GUWAHATI
DISTRICT-KAMRUP METROPOLITAN
ASSAM
PIN- 781036
Advocate for the Petitioner : MR S R A NASER, MR S AHMED,SAIDUL ROHMAN
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 28.09.2026 Heard Mr. S. Rohman, learned counsel for the petitioners; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 &
4.
2. The petitioners submitted an application before the respondent no. 4 on 10.08.2025 seeking registration of their marriage under the provisions of the Special Marriage Act, 1954. It is the contention of the petitioners that when the petitioners appeared before the respondent no. 4, the respondent no. 4 insisted for appearance of the parents of the bride and the bride-groom in his office at the time of the registration of the marriage.
3. According to the petitioners, such insistence for appearance of the parents of the bride and the bride-groom is contrary to the provisions of the Special Marriage Act, 1954. With this projection, the petitioners have preferred the instant writ petition seeking a direction to the respondent authorities to allow the petitioners to register their intended marriage under the provisions of the Special Marriage Act, 1954. A period of ninety days from 10.08.2025 has since expired.
4. A period of ninety days from 10.08.2025 has since expired. The learned counsel for the petitioner has referred to Section 14 of the Special Marriage Act, 1954 wherein the parties to an intended marriage can file the application afresh if marriage is not solemnized within three months from any earlier application. In the above view of the matter, Mr. Hussain, learned counsel for the petitioners has submitted that the petitioners will file a fresh application for intended marriage for delivery of the notified public service, ‘Application for Marriage Registration’ in terms of the procedure laid down in an Office Memorandum no. RRG.12/2012/100 dated 12.04.2013. He has submitted that the petitioners be granted liberty to approach again in the event there is any inaction on the part of the designated public servant to extend the notified public service as per the provisions of the Special Marriage Act; the Assam Right to Public Services Act, 2012; and the Office Memorandum dated 12.04.2013.
5. It is well settled position of law that the right to marry a person of one’s choice is integral to Article 21 of the Constitution of India. A person attaining the age of majority is entitled to make her/his choice and consent of the family is not necessary once two adult persons agree to enter into a wedlock.
6. In the above view of the matter and taking into consideration the submission of learned counsel for the petitioners that the petitioners would file a fresh application for intended marriage for delivery of the notified public service, ‘Application for Marriage Registration’ in terms of the procedure laid down in an Office Memorandum no. RRG.12/2012/100 dated 12.04.2013, this writ petition is closed, reserving the liberty to the petitioners to approach again in the event there is any inaction on the part of the designated public servant to extend the notified public service as per the provisions of the Special Marriage Act; the Assam Right to Public Services Act, 2012; and the Office Memorandum dated 12.04.2013.
JUDGE
Comparing Assistant