Notaries Cannot Issue Marriage Certificates or Notarise Marriage Declarations — What the Orissa High Court Held in Partha Sarathi Das v. State of Odisha (2023)
A practitioner's breakdown of why a notary-attested "marriage certificate" has no legal value in India, what the Orissa High Court actually directed, and how couples, notaries and advocates should respond.
- The Orissa High Court reiterated that notaries have no authority to issue marriage certificates or to notarise a signed declaration of marriage.
- Such acts fall entirely outside a notary's functions under Section 8 of the Notaries Act, 1952.
- The case arose from a habeas-corpus style writ where the petitioner relied on a notary-issued "marriage certificate" to claim his companion was his legally wedded wife.
- The Court traced the same warning through Rohit Kumar Behera v. State of Odisha, Ramakanta Nayak v. Itishree Mohapatra, and Mukesh v. State of M.P.
- The Bench directed the erring notary of Simulia, Balasore, to personally appear and explain his conduct.
- The State was directed to conduct regular training programmes for notaries and issue guidelines on their statutory duties.
- A document of this kind gives couples a false and dangerous sense of legal marital status.
No. A "marriage certificate" issued by a Notary Public, or a marriage declaration notarised by one, has no legal value whatsoever in India. The Orissa High Court, in Partha Sarathi Das v. State of Odisha (WP(CRL) No. 70 of 2023, order dated 14 September 2023), reiterated settled law that notarising or "solemnising" marriages is completely outside a notary's functions under Section 8 of the Notaries Act, 1952. Marriage is validly established only under the applicable personal law (solemnisation) or through registration under statutes such as the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, or a State Compulsory Registration of Marriage Act/Rules — never by notarial attestation.
Table of Contents
1.Background of the Case
Marriages solemnised informally, and then "documented" through a notary, have quietly become common in parts of Odisha and elsewhere — especially where couples want quick proof of marriage without going through a temple, registrar, or the formal registration process. Notaries, sometimes out of ignorance of their own statutory limits, have obliged by attesting documents styled as "marriage declarations" or even issuing paper described as a "marriage certificate."
Partha Sarathi Das v. State of Odisha reached the Orissa High Court through exactly this fact pattern, and gave the Court an opportunity to restate — firmly and for the record — that this practice has no legal foundation at all.
2.Case Snapshot
3.What Actually Happened Before the Court
The petitioner filed a writ petition alleging that a woman he described as his legally wedded wife was being illegally confined by her parents against her will, and sought a direction for her production. To establish the marital relationship, the petitioner produced a "marriage certificate" that had been executed and issued by a Notary Public practising at Simulia, in the district of Balasore.
On examining this document, the Court was troubled by the underlying practice rather than merely the individual dispute. It directed the police to formally intimate the notary in writing to appear in person and explain, on affidavit, the basis on which he had allowed execution of a marriage declaration before him, and under what authority he had attested it.
Writ petition filed
Petitioner sought production of a woman claimed as his wife, relying on a notary-issued "marriage certificate" as proof of marriage.
Court scrutinises the document
The Bench found the "certificate" was executed and attested by a Notary Public with no jurisdiction to certify marriages.
Notary summoned (14-09-2023)
Court directed the Inspector-in-charge, Balasore Town Police Station, to intimate the notary to appear in person on 26-09-2023 and explain his conduct.
Reiteration of settled law
Relying on earlier authorities, the Court held that notarising or issuing marriage documents is outside a notary's functions under Section 8 of the Notaries Act, 1952.
Apology & systemic directions
The notary later tendered an unconditional apology pleading ignorance of the limits of his authority; the Court accepted it, but directed the State to run regular notary training and issue clear guidelines.
4.The Court's Holding, In Its Own Words
"Time and again the Courts across the country have echoed it in identical voice that Notaries are neither authorized to issue marriage certificates nor they are legally entitled to notarize any signed declaration of marriage, which is apparently beyond the scope of their functions prescribed under Section 8 of the Notaries Act, 1952." Orissa High Court, Partha Sarathi Das v. State of Odisha, WP(CRL) No. 70 of 2023
"Due to such extra-legal and dishonest arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage does not have even the slightest of legal sanctity." Orissa High Court, Partha Sarathi Das v. State of Odisha
The Court went further and directed the concerned notary to personally appear and account for his conduct — signalling that this is not treated as a harmless clerical slip, but as a serious departure from statutory duty with real consequences for the parties involved.
5.Why a Notary Cannot Do This — Section 8, Notaries Act, 1952
A Notary Public in India is a creature of statute. Their functions are exhaustively listed in Section 8 of the Notaries Act, 1952, and include acts such as verifying, authenticating, certifying or attesting the execution of an instrument; witnessing signatures; administering oaths; taking affidavits; preparing protests of bills of exchange; and similar acts that other laws specifically permit a notary to perform.
Nowhere in Section 8, or anywhere else in the Notaries Act, is a notary empowered to solemnise, register, certify, or in any way legally validate a marriage. Marriage is a status governed exclusively by personal law (such as the Hindu Marriage Act, 1955, Muslim personal law, the Indian Christian Marriage Act, 1872, or the Special Marriage Act, 1954) and by dedicated registration machinery created under those laws or under State Compulsory Registration of Marriage Rules. A notary attesting a "marriage declaration" is, at best, certifying that two people signed a piece of paper in front of him — that act carries no evidentiary or legal weight as proof of a valid marriage.
6.Precedents the Court Relied On
| Case | Court | Relevance |
|---|---|---|
| Rohit Kumar Behera v. State of Odisha | Orissa High Court | Earlier reiteration that notaries have no authority over marriage-related certification. |
| Ramakanta Nayak v. Itishree Mohapatra | Orissa High Court, 2017 SCC OnLine Ori 219 | Confirms the consistent judicial position within Odisha on this issue over several years. |
| Mukesh v. State of M.P. | M.P. High Court, M.Cr.C. No. 44184 of 2020 | Shows the same principle has been applied outside Odisha, indicating a pan-India judicial consensus. |
The convergence of these decisions is precisely what allowed the Bench in Partha Sarathi Das to describe the position as one "Courts across the country have echoed... in identical voice" — this is not an isolated or novel finding, but the restatement of a settled principle.
7.Directions Issued by the Court
Personal appearance of the notary
The erring Notary Public of Simulia, Balasore was directed to appear in person and explain, on what basis and under what authority, he executed and attested the marriage declaration document.
Regular training programmes for notaries
The State Government was directed to arrange training programmes for notaries across Odisha on a regular basis, physically or virtually, to apprise them of their duties and functional limits under Section 8 of the Notaries Act, 1952.
Issuance of guidelines
The State was further directed to issue clear guidelines to notaries setting out what they can and cannot do — an explicit acknowledgment that widespread ignorance, not malice alone, is driving this problem.
Acceptance of unconditional apology
The Court ultimately accepted the notary's unconditional apology and his affidavit undertaking not to repeat the conduct, and disposed of the criminal writ petition on that basis.
8.Why This Matters for Couples
The judgment is a caution as much as it is a statement of law. Couples who obtain a notarised "marriage certificate" — often for convenience, speed, or to avoid family or social scrutiny — walk away genuinely believing they are legally married. In reality, they hold a piece of paper with no more legal effect than any other notarised private document. This becomes catastrophic precisely when it matters most: in matrimonial disputes, maintenance claims, inheritance, custody proceedings, or — as in this very case — in a habeas corpus petition where the existence of a valid marriage was central to the relief sought.
9.Risks of Relying on a Notarised "Marriage Certificate"
Consequences that can follow
- The "marriage" may be found to have no legal sanctity in matrimonial, maintenance, or succession proceedings.
- A partner may be unable to claim spousal rights — maintenance, residence, or inheritance — if the marriage cannot be proved under the applicable personal law.
- Children born of such a relationship may face avoidable disputes over legitimacy and succession if the marriage itself is never properly established.
- Passport, visa, insurance, joint-property, and bank nomination processes that require a valid marriage certificate may reject a notarised document outright.
- The notary who issued or attested such a document may face judicial scrutiny, disciplinary proceedings, or being summoned to explain the act, as happened in this very case.
- Parties may unknowingly expose themselves to allegations of misrepresentation if the "certificate" is used to assert marital status before another authority.
10.How a Marriage Is Actually Solemnised and Registered
There is no shortcut around personal law and registration statutes. The legally recognised routes are:
Legally Valid Routes
- Solemnisation under personal law — for example, a Hindu marriage solemnised with the essential ceremonies (including saptapadi, where applicable) under the Hindu Marriage Act, 1955, or solemnisation under Muslim, Christian, Parsi, or other applicable personal law.
- Registration under the Special Marriage Act, 1954 — for civil marriages, including inter-faith marriages, solemnised and registered before a Marriage Officer after the statutory notice period.
- Registration under the applicable personal-law Act — for instance, registration of a Hindu marriage under Section 8 of the Hindu Marriage Act, 1955, before the jurisdictional Registrar.
- Registration under the State's Compulsory Registration of Marriage Rules — most States, including Odisha, mandate registration of every marriage (regardless of personal law) with the local Registrar of Marriages, generating an official, legally recognised marriage certificate.
A document is a valid "marriage certificate" only when it is issued by an authority empowered by one of these statutes — never by a Notary Public acting under the Notaries Act, 1952.
11.Myths vs Facts
12.Common Real-Life Scenarios
Couple wants quick "proof" of marriage for a rented flat or workplace HR record
Risk
A notarised declaration may be accepted informally by a landlord or employer but will not hold up if the marriage is ever legally challenged.
Inter-faith or inter-caste couple avoiding family objection
Risk
A notary document gives false comfort; the couple should instead pursue registration under the Special Marriage Act, 1954, with appropriate safeguards.
One party later denies the marriage in a maintenance or custody case
Risk
A notarised paper alone is unlikely to discharge the burden of proving a valid marriage under personal law before a Family Court.
Habeas corpus / production petition citing the "marriage" as legal basis
Risk
As in Partha Sarathi Das itself, courts will look past the notarised paper and ask for real proof of a solemnised, registrable marriage.
13.Checklist Before You Rely on Any Marriage Document
- Confirm the certificate is issued by a competent Marriage Registrar/Marriage Officer under a marriage statute — not a Notary Public.
- Verify the marriage was solemnised per the ceremonies required under the applicable personal law, or civilly registered under the Special Marriage Act, 1954.
- Complete registration under the State's Compulsory Registration of Marriage Rules, even if solemnised religiously.
- Retain original invitation cards, priest/officiant records, photographs, and witness details as corroborative evidence, alongside the registered certificate.
- Never accept a notarised "declaration of marriage" as a substitute for statutory registration.
- If a notary has already issued such a document, treat it only as evidence that a declaration was signed — not as proof of marital status — and pursue proper registration immediately.
14.Practical Perspective for Advocates and Notaries
For advocates advising clients on matrimonial status, the starting point in any case involving a notarised "marriage certificate" should be to establish independently whether a marriage valid under the applicable personal law was in fact solemnised, and whether it has been registered. The notarised document itself should not be treated as primary proof of marriage in pleadings; at most, it may be led as corroborative evidence of an assertion, subject to the weight a court is willing to give it in light of Partha Sarathi Das and the precedents it follows.
For notaries, the judgment is a direct warning. Attesting or executing any document styled as a marriage certificate or marriage declaration falls outside the functions permitted under Section 8 of the Notaries Act, 1952, and can expose the notary to being summoned, required to explain the act on affidavit, and potentially to disciplinary consequences under the Notaries Act and Rules.
15.Frequently Asked Questions
Is a notary-issued marriage certificate valid in India?
Can a notary notarise a signed declaration of marriage?
What is the case citation for this ruling?
What earlier cases did the Court rely on?
What should a couple do instead of getting a notarised marriage document?
What happened to the notary in this case?
What did the Court direct the State Government to do?
Does this ruling apply outside Odisha?
16.Key Takeaways
- A notary has no power under the Notaries Act, 1952 to issue a marriage certificate or notarise a marriage declaration.
- Such documents give couples a false sense of legal marital status with no underlying legal sanctity.
- The Orissa High Court in Partha Sarathi Das v. State of Odisha reiterated this settled, pan-India judicial position.
- The offending notary was summoned, required to explain himself, and tendered an unconditional apology.
- The State was directed to run regular notary training and issue clear guidelines on Section 8 duties.
- The only legally valid routes are solemnisation under personal law or the Special Marriage Act, 1954, followed by registration with a competent Marriage Registrar/Officer.
- Anyone holding a notarised "marriage certificate" should treat it as unreliable and pursue proper registration without delay.