New Delhi, October 10: The Ministry of Law & Justice has issued a stern reminder to notaries across India, emphasizing that they are not authorized to execute marriage or divorce deeds.
In a new Office Memorandum, the Department of Legal Affairs has clarified that the role of notaries, as outlined in the Notaries Act, 1952, and the Notaries Rules, 1956, does not include certifying or notarizing documents related to marriages or divorces.
The memorandum cites Section 8 of the Notaries Act and Rule 11 of the Notaries Rules, which clearly define the functions and duties of notaries. According to these provisions, notaries are not appointed as Marriage Officers and are not legally empowered to issue marriage certificates or notarize divorce affidavits. The Ministry has brought attention to the growing concern that some notaries have been executing documents and declarations related to marriage and divorce, a practice that the government has now declared illegal.
Recent rulings by the High Courts of Orissa and Madhya Pradesh have reinforced this legal position. The courts have ruled that notaries have no authority to officiate or legalize marriage or divorce deeds. The cases of Partha Sarathi Das vs. State of Orissa (2023) and Mukesh vs. The State of M.P. (2020), among others, have upheld this interpretation, warning notaries against overstepping their legal boundaries.
The Office Memorandum further warns that notaries found engaging in such activities will face severe consequences, including the possibility of being removed from the Register of Notaries. The Ministry highlighted that any violation of the Notaries Act, 1952, or the Notaries Rules, 1956, will be treated as professional misconduct, with potential disciplinary action under Rule 13 of the Notaries Rules.
Citing a recent Supreme Court ruling in Bhagwan Singh vs. State of U.P. (2024), the memorandum reiterates that notaries who violate the scope of their duties can be deemed unfit to practice, with legal action to follow. The government’s directive is clear: Notaries must refrain from performing any function beyond their prescribed duties, and strict enforcement measures will be taken against those who continue to disregard these regulations.
This notice serves as a crucial reminder to all legal practitioners and the public, ensuring that the legal framework governing notarial duties is adhered to strictly.
