New Delhi, February 15
The Supreme Court’s directive on compulsory registration of marriages would apply to the people of all religious communities in the country and rules have to be framed by the Centre and states accordingly.
“We are of the view that marriages of all persons who are citizens of India, belonging to various religions, should be made compulsorily registrable in their respective states, where the marriage is solemnised,” said the detailed judgement, delivered yesterday and made available to the media today.
It pointed out with concern that only four states, Maharashtra, Karnataka, Himachal Pradesh and Andhra Pradesh, have so far enacted legislations pertaining to the compulsory registration of marriages, while no steps in this regard had been taken by other states. In Gujarat, the legislation passed by Maharashtra was applicable, it said.
It further said that registration of marriages was “compulsory” under the Indian Christian Marriage Act, 1872. Under Section 8 of the Hindu Marriage Act, 1955, certain provisions existed regarding registration.
The court clarified that the legislative intent behind enacting Section 8 of the Hindu Marriage Act was apparent that the purpose of registration was to facilitate providing of poof of marriages by Hindus.
“However, it is left to the discretion of contracting parties to either solemnise the marriage before the Sub-Registrar or register it after performing the ceremony in conformity with the customary beliefs,” the court pointed out.
Tracing the history of law regarding registration of marriages in Goa to the days of Portuguese rule, the court also recorded that Union Territory of Chandigarh, states of Tripura and Jammu and Kashmir had also enacted laws for registration of marriages by Hindus under the Hindu Marriage Act.
By and large it was evident from narration of facts that many states though had framed rules regarding registration, but it had not been made compulsory by them by enacting a law, the court said.
“If the record of marriage is kept, to a large extent, the dispute concerning solemnisation of marriages between two persons is avoided... non-registration affects the women to a great measure,” the court said.
It clarified that the registration though could not be the only proof of “valid marriage per se, and would not be determinative factor regarding its validity, yet it has a great evidentiary value in the matter of custody of children, their rights and age of the persons agreeing to marry.”
In these circumstances, the registration would be in the interest of the society, the court in its judgement concluded.
