Case: Smt Seema v. Ashwani Kumar
Citation: AIR 2006 SC 1158
Bench: Hon’ble Justice Dr. Arijit Pasayat and Hon’ble Justice S.H. Kapadia
Date of judgement: 14-02-2006
Petitioner: Smt. Seema
Respondent: Ashwani Kumar
Facts:
1. The Case arises out of a Petition filed in Haryana District Court regarding the issue of the registration of marriage which was a matter of the States.
2. Numerous harassment in matrimonial & maintenance cases due to consequences of non registration of marriages in some states took place.
3. The decision was taken by the court and directions sent to the state to compulsorily register marriages and report back with the procedure for registration in 3 months.
Issue involved:
- Whether the Marriage registration should be made compulsory in India?
Rationale:
1. The Hindu Law empowers the State Government to draft rules for the registration of marriages. Under Section 8 (2) of the Hindu Marriage Act, 1955, if the State Government in its opinion that such registration should be compulsory.
2. Anyone violating rules made in this regard shall be punishable with fine. In spite of the fact that most of the States have framed rules regarding registration of marriages but still in several States registration of marriage were not compulsory.
3. The National Commission for Women has specified that non registration of marriages affects the women. If the marriage is registered it will provide evidence of the marriage having taken place and would also provide a presumption of the marriage having taken place.
4. The compulsory Registration of Marriage can help in reducing the issue of Child Marriage which was prevalent at that time. It also provides evidence in the matters of custody of children, right of children born.
Obiter Dicta:
The Supreme Court directs several states to make rules regarding the registration of marriage as per the following guidelines:-
“Procedure for registration should be reported by respective states within 3 months from the date of judgement.
The officer appointed under the said Rules of the States shall be duly authorized to register the marriages. The age, marital status shall be clearly stated and consequences of non-registration of marriages shall also be provided in the said Rules to fulfil the purpose of this court.
When the Central Government enacts a comprehensive statute, the same shall be placed before this Court for inspection.
Authorised persons for various States and Union Territories shall ensure that the directions given herein are carried out immediately.”
Judgement:
The Supreme Court upheld the mandatory registration of marriages of all the religion in their respective States.
Conclusion:
The above stated case deals with the registration of marriages in India. Several states have no legal rules regarding the registration of marriages.
Non registration of marriages causes several consequences in the form of harassment to women and child marriage cases.
Referring these issues, the Apex court upheld the mandatory registration of marriages of all the religion in their respective States and issued certain guidelines for making rules of such Registration.
Drafted By: Param Mansinghka
Edited By: Tanvi Mahajan, Publisher, Law Insider
Published On: February 19, 2022 at 22:30 IST