Orissa HC orders biannual audit of notaries over illegal issuance of marriage certificates

The Orissa High Court has expressed displeasure over notaries issuing marriage certificates as they are neither authorised nor legally entitled to it. The Court has felt that the notaries are doing this illegal work either knowingly or unknowingly.

Taking the matter into account, the High Court has ordered the Odisha government to conduct an awareness programme for all the notaries in the State. The Court has further ordered the government to audit their documents at least twice a year.

Hearing on a petition about a marriage certificate issued by a notary in Simulia area in Balasore, the High Court has passed the order.

On March 18, 2009, the State Law Department had issued a notification directing 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, time and again courts across the country have said that notaries are neither authorized to issue certificates of marriage.

As per reports, despite such directives, notaries are not abstaining from issuing marriage certificates that have absolutely no value in the eyes of law and without any valid proof of marriage, they are allowing execution of declaration of marriage between the parties which have far-reaching consequences.

“Notaries are found doing marriage agreements and declarations which is illegal and beyond their authority. It is not a function of the notary under Section 8(1) of the Notaries Act, 1952. Hence, they should be conscious of the matter. Government has been directed to conduct an awareness programme for all the notaries in the State in this regard,” said advocate Chittaranjan Swain.