Cuttack:Â Expressing displeasure over notaries issuing marriage certificates, the Orissa High Court has ordered the Odisha government to conduct an awareness program for all the notaries in the State and audit their documents at least twice a year.
The Court has felt that the notaries are doing this illegal work knowingly or unknowingly.
Hearing on a petition about a marriage certificate issued by a notary in the Simulia area in Balasore, the High Court has passed the order.
On March 18, 2009, the State Law Department notified all the notaries not to issue marriage certificates, which is not a function of the notary under Section 8(1) of the Notaries Act, 1952. Besides, courts nationwide have repeatedly said that notaries are neither authorized to issue marriage certificates.
As per reports, despite such directives, notaries are not abstaining from issuing marriage certificates that have absolutely no value in the eyes of the law, and without any valid proof of marriage, they are allowing the execution of a declaration of union between the parties, which have far-reaching consequences.
“Notaries are found performing marriage declarations and agreements, which is against the law and outside their scope of practice. Section 8(1) of the Notaries Act of 1952 states that it is not a notary’s responsibility. They should, therefore, be aware of the situation. According to attorney Chittaranjan Swain, the government has been ordered to run an awareness program for all notaries in the State.
