The Odisha High Court has laid emphasis on strict compliance with the provisions of the Notary Act and Regulations.
The Odisha High Court expressed displeasure over the issue of marriage certificates by notaries public. Along with this, there are judgments of the Supreme Court, Odisha High Court and other High Courts in this case. And the Odisha High Court has laid emphasis on strict compliance with the provisions of the Notary Act and Regulations.
But most notaries are not aware of this. In such a situation, the High Court has directed the state government to organize a training program for all the notaries of the state. Regular training programs for notaries will be organized through virtual medium. According to Section 8 of the Notary Act, the State Government will issue guidelines for notaries. The High Court said that the guidelines will mention the scope of work and powers of the Natari.
On the other hand, most of the time the person giving the oath is not personally present before the notary and takes the oath. A lawyer or a lawyer’s clerk goes to the notary with the affidavit bearing the signatures of the parties. The notary is also performing its attestation function without verifying the signatures of the parties on such documents.
The Odisha High Court said that such action is a violation of the Notary Act and related regulations. As per Indian law Notaries are required to keep a register. It should state the date on which the document was notarized and signed by the parties. From this it will be clear that the person concerned is personally present to take the oath during the swearing-in. Also, according to the law, all notaries’ registers are to be verified by the District Judge or an officer appointed by the government.
If irregularities are found during the inspection, the district judge or officer may submit a report for taking action against the notary where necessary. The Odisha High Court has laid emphasis on strict compliance with the provisions of the Notary Act and Regulations. The High Court said to ensure that notaries work according to law and regulations. A copy of this order shall be given to the Law Secretary for execution. The jury consisting of Justice Sangam Kumar Sahu and Justice Chittaranjan Das gave such an order after hearing the related case.
Details of the case revealed that a man had filed a habeas corpus petition in the High Court alleging that his wife should be rescued and bailed out. During the hearing of the case, the petitioner presented the marriage declaration prepared before the notary as proof of marriage. The declaration of marriage was found to be signed by the petitioner and the girl.
Both of them took this declaration and took oath in the presence of a notary. The High Court wanted to know on the basis of which legal evidence the declaration of marriage was prepared before the notary. The notary was ordered to appear in person. The High Court also sought a report from the police. From the report submitted during the hearing and from the woman’s statement, it was clear that no marriage took place in the temple. The declaration was made before a notary only.
The information mentioned in the declaration made before the notary was found to be false. Notary A.K. Mahanty of Simulha submitted an affidavit and tendered an unconditional apology. He said that he will not do such a thing in the future. The High Court accepted his statement. The High Court has refused to give any further order in the case and has adjourned the hearing.