Aapka Consultant Judgment Series- In this series, we are providing case analysis of Landmark Judgments of Hon’ble Supreme Court of India.
Smt. Seema v. Ashwani Kumar
AIR 2006 SC 1158, [2006] 2 SCC 578
JUDGES: Dr. Arijit Pasayat and S.H. Kapadia
Date of Decision: 14-02-2006
FACTS:-
A transfer petition presented before the bench of the Supreme Court bringing attention towards the increasing number of harassment in matrimonial & maintenance cases due to consequences of non registration of marriages in some states. Notices were issued to various States and Union territory and to the learned Solicitor General to indicate their stand as to the need of registration of marriage.
ISSUES:-
Whether there is a need for compulsorily registration of marriages in India?
JUDGMENT:-
The Hon’ble Supreme Court has noted the above fact and pointed the advantage taken by some unscrupulous persons denying the existence of their marriage and affecting women to a great measure as in most of the States there was no official record of the marriage. The Hindu Law enable the State Government to make rules with regard to the registration of marriages. Under S. 8 (2) of the Hindu Marriage Act, 1955, if the State Government is of the opinion that such registration should be compulsory it can so provide. In the event, the person contravening any rule made in this regard shall be punishable with fine. Although most of the States have framed rules regarding registration of marriages but still in several States registration of marriage were not compulsory.
The National Commission for Women has specifically contended the non registration of marriages affects the women to a great measure. If the marriage is registered it will provide evidence of the marriage having taken place and would also provide a rebuttable presumption of the marriage having taken place. Though, the registration itself cannot be a proof of valid marriage per se, yet it has a great evidentiary value in the matters of custody of children, right of children born from the wedlock of the two persons whose marriage was registered and the age of parties to the marriage. The effect of non registration would be that the presumption which is available from registration of marriages would be denied to a person whose marriage is not registered.
Thus, therefore, it would be in the interest of the society to make marriages compulsorily registrable. Such registration will be considered as a positive step of great value in matters of custody, rights and maintenance of child born out of wedlock of two persons.
Consequently, Supreme Court directed the State and Central Government to frame or amend necessary rules taking into consideration the following norms:
- Procedure for registration should be notified by respective states within 3 months from the date of judgement. On expiry of the period, an appropriate notification bringing the rules into force must be issued, after considering objections raised by general public.
- The officer appointed under the said Rules of the States shall be duly authorized to register the marriages. The age, marital status (unmarried, divorcee) shall be clearly stated and consequences of non-registration of marriages or for filing false declaration shall also be provided for in the said Rules to fulfil the purpose of this court.
- As and when the Central Government enacts a comprehensive statute, the same shall be placed before this Court for scrutiny.
- Learned Counsel for various States and Union Territories shall ensure that the directions given herein are carried out immediately.
HELD:-
The Hon’ble Court held the mandatorily registration of marriages of all the religion in their respective States, where the marriage was solemnized.
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