Page No.# 1/4 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 Page No.# 2/4 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 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 Page No.# 3/4 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 Page No.# 4/4 Comparing Assistant