Chandigarh, August 20
In an attempt to save young men and women of Punjab from being fooled into marriage by already-married NRIs and also to prevent child marriages, the Punjab Government is all set to make the registration of marriages compulsory in the state.
The government is to introduce the Punjab Compulsory Registration of Marriages Bill, 2006, in the forthcoming Assembly session in September. In case, things do not crystallise till then, an ordinance will be introduced later, said sources. However, it is yet to be approved by the Council of Ministers. Also the government has proposed that the new provisions will be in addition to, and not an infringement of any other law, for the time being applicable to
marriages. If cleared, the Bill will keep a tab on bigamy or polygamy and help women to exercise their rights of maintenance from their husbands in case of separation. It will also deal with the custody of children, besides enabling widows to claim inheritance and reducing legal hassles.
The Supreme Court, in a verdict passed in February this
year, had directed the Centre and state governments to take steps for amending the rules and procedures to make the registration of marriage compulsory irrespective of the religion of the
person. The new provisions will not mean that newly-weds will have to rush to the office of the Registrar of Marriages instead of going to their honeymoon destination. The fathers or guardians of the newly-weds can apply for registration within 30 days. An application can also be made till a period of 90 days after the marriage by paying a fine. However, all applications made after 90 days will need a written permission from the Chief Registrar of Marriages, who will be appointed by the state government. However, if an application is made after one year of marriage, the Chief Register shall pass or order to register the marriage only after verifying the correctness of the marriage.
The application will have the names and signatures of the bride and the groom along with their respective addresses and also details of their status like unmarried, divorcee or widower. The priest conducting the marriage shall also provide his name and address.
A penalty clause has been woven into the Bill. False declarations in the application form shall invite imprisonment.
Also, government officials, if found that they had changed entries in the marriage register, will face imprisonment.
In case one of the partners is an Indian citizen and the marriage has been solemnised in a foreign country, the Indian consulates shall issue a certificate indicating the validity of the marriage. And crucially, no marriage shall be deemed to be invalid solely for the reason that it is not registered or that the application was not delivered or sent or even if the application is not correct.
Also, the data collected over a period of time will be immensely useful in formulating or reviewing laws and policies regarding issues such as family planning, education, marriage, dowry, divorce, among other issues.
