The Ministry of Law & Justice, through its Notary Cell, has issued an important clarification regarding the authority of notaries in India. In an Office Memorandum dated 10th October, 2024, it has been clearly stated that notaries are not authorized to execute or notarize marriage or divorce deeds under the Notaries Act, 1952 and the Notaries Rules, 1956.

Notaries are not authorized to execute or notarize marriage or divorce deeds.

The Ministry of Law & Justice, Notary Cell.

This clarification comes after reports surfaced indicating that some notaries have been engaging in certifying marriages and issuing divorce certificates, actions that fall outside the scope of their official duties. According to Section 8 of the Notaries Act, 1952 and Rule 11 of the Notaries Rules, 1956, the execution of such documents is not within the functions of a notary.

The Government of India warns that any notary found engaging in these activities will be deemed to have committed professional misconduct. This could result in serious consequences, including removal from the Register of Notaries and other disciplinary actions as outlined in the Notaries Act, 1952 and Notaries Rules, 1956.

Furthermore, judgments from the High Court of Orissa and the High Court of Madhya Pradesh have reaffirmed that notaries are not marriage officers and are not authorized to execute or certify such deeds.

In conclusion, notaries are advised to refrain from such practices to avoid legal consequences and professional misconduct charges. The Government’s directive emphasizes the importance of adhering to the provisions of the Notaries Act, 1952.

For more information, read the full Office Memorandum on the Government of India’s legal advisory website.