Registration of Hindu Marriage Seema V Ashwani Kumar
Registration of Hindu Marriage Seema V Ashwani Kumar
JUDGMENT
1. The origin of marriage amongst Aryans in India, as noted in Mayne's Hindu Law and Usage, as amongst other ancient
peoples is a matter for the Science of anthropology. From the very commencement of the Rigvedic age, marriage was a
well- established institution, and the Aryans ideal of marriage was very high.
2. The Convention on the Elimination of All Forms of Discrimination Against Women (in short 'CEDAW') was
adopted in 1979 by the United Nations General Assembly. India was a signatory to the Convention on 30th July,
1980 and ratified on 9th July, 1993 with two Declaratory Statements and one Reservation. Article 16(2) of the
Convention says "though India agreed on principle that compulsory registration of marriages is highly desirable, it
was said as follows: It is not practical in a vast country like India with its variety of customs, religions and level of
literacy' and has expressed reservation to this very clause to make registration of marriage compulsory.
3. While a transfer petition was being heard it was noted with concern that in large number of cases some unscrupulous
persons are denying the existence of marriage taking advantage of the situation that in most of the States there is no
official record of the marriage. Notice was issued to various States and Union Territories and learned Solicitor General
and Mr. Ranjit Kumar, learned senior counsel were requested to act as Amicus Curiae to assist the Court in laying down
guidelines in the matter of registration of marriages. Without exception, all the States and the Union Territories indicated
their stand to the effect that registration of marriages is highly desirable.
4. It has been pointed out that compulsory registration of marriages would be a step in the right direction for the
prevention of child marriages still prevalent in many parts of the country. In the Constitution of India, 1950 (in short
the 'Constitution') List III (the Concurrent List) of the Seventh Schedule provides in Entries 5 and 30 as follows:
5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all
matters in respect of which parties in judicial proceedings were immediately before the commencement of this
Constitution subject to their personal law.
5. It is to be noted that vital statistics including registration of deaths and births is covered by Entry 30. The registration of
marriages would come within the ambit of the expression 'vital statistics'.
6. From the compilation of relevant legislations in respect of registration of marriages, it appears that there are four
Statutes which provide for compulsory registration of marriages. They are: (1) The Bombay Registration of
Marriages Act, 1953 (applicable to Maharashtra and Gujarat), (2) The Karnataka Marriages (Registration and
Miscellaneous Provisions) Act, 1976, (3) The Himachal Pradesh Registration of Marriages Act, 1996, and (4) The
Andhra Pradesh Compulsory Registration of Marriages Act, 2002. In five States provisions appear to have been made
for voluntary registration of Muslim marriages. These are Assam, Bihar, West Bengal, Orissa and Meghalaya. The
"Assam Moslem Marriages and Divorce Registration Act, 1935," the "Orissa Muhammadan Marriages and Divorce
Registration Act, 1949" and the "Bengal Muhammadan Marriages and Divorce Registration Act, 1876" are the relevant
statutes. In Uttar Pradesh also it appears that the State Government has announced a policy providing for compulsory
registration of marriages by the Panchayats and maintenance of its records relating to births and deaths. Under the
Special Marriage Act, 1954 which applies to Indian citizens irrespective of religion each marriage is registered by
the Marriage Officer specially appointed for the purpose. The registration of marriage is compulsory under the
Indian Christian Marriage Act, 1872. Under the said Act, entries are made in the marriage register of the concerned
Church soon after the marriage ceremony along with the signatures of bride and bridegroom, the officiating priest and the
witnesses. The Parsi Marriage and Divorce Act, 1936 makes registration of marriages compulsory. Under Section 8
7. As noted above, the Hindu Act enables the State Government to make rules with regard to the registration of
marriages. Under Sub-section (2) of Section 8 if the State Government is of the opinion that such registration
should be compulsory it can so provide. In that event, the person contravening any rule made in this regard shall
be punishable with fine.
8. In various States different marriage Acts are in operation e.g. in Jammu and Kashmir, Jammu and Kashmir Hindu
Marriage Act, 1980 empowers the Government to make rules to provide that the parties (Hindus) shall have their
particulars relating to marriages entered in such a manner as may be prescribed for facilitating proof of such marriages.
Admittedly, no rules have been framed. As regards Muslims, Section 3 of the Jammu and Kashmir Muslim Marriages
Registration Act, 1981 provides that marriage contracted between Muslims after the commencement of the Act shall be
registered in the manner provided therein within 30 days from the date of conclusion of Nikah ceremony. However, the
Act has not been enforced. So far as Christians are concerned, the Jammu and Kashmir Christian Marriage and Divorce
Act, 1957 provides for registration of marriages in terms of Sections 26 and 37 for registration of marriages solemnized
by Minister of Religion and marriages solemnized by, or in the presence of a Marriage Registrar respectively.
9. In exercise of powers conferred by Section 8 of the Hindu Act the State of U.P. has framed U.P. Hindu Marriage
Registration Rules, 1973 which have been notified in 1973. In the affidavit filed by the State Government it is stated that
the marriages are being registered after enactment of the Rules.
10. In Pondicherry, the Pondicherry Hindu Marriage (Registration) Rules, 1969 have come into force w.e.f. 7th April,
1969. All Sub-Registrars of Pondicherry have been appointed under Section 6 of the Indian Registration Act, 1908 (in
short the 'Registration Act') as Marriage Registrars for the purposes of registering marriages. In the State of Haryana, the
Haryana Hindu Marriage Registration Rules, 2001 under Section 8 of the Hindu Act have been notified. In the State of
West Bengal, Hindu Marriage Registration Rules, 1958 have been notified.
11. From the affidavit filed on behalf of the State of Tripura, it appears that the said State has introduced rules called
Tripura Hindu Marriage Registration Rules, 1957. It has also introduced Tripura Special Marriage Rules, 1989 under the
Special Marriage Act, 1954. So far as the State of Karnataka is concerned, it appears that Registration of Hindu Marriages
(Karnataka) Rules, 1966 have been framed. It further appears that Karnataka Marriages (Registration and Miscellaneous
Provisions) Act, 1976 has been introduced. Section 3 of the Act requires compulsory registration of all marriages
contracted in the State.
12. So far as the Union Territory of Chandigarh is concerned, Hindu Marriage Registration Rules, 1966 have been framed.
13. In the affidavit filed on behalf of the National Commission for Women (in short the 'National Commission') it has
been indicated as follows:
(d) Enabling married women to claim their right to live in the matrimonial house, maintenance, etc.
(e) Enabling widows to claim their inheritance rights and other benefits and privileges which they are entitled to
after the death of their husband.
(g) Deterring parents/guardians from selling daughters/young girls to any person including a foreigner, under the
garb of marriage.
14. As noted supra, except four statutes applicable to States of Maharashtra, Gujarat, Karnataka, Himachal Pradesh and
Andhra Pradesh registration of marriages is not compulsory in any of the other States.
15. As is evident from narration of facts though most of the States have framed rules regarding registration of
marriages, registration of marriage is not compulsory in several States. If the record of marriage is kept, to a large
extent, the dispute concerning solemnization of marriages between two persons is avoided. As rightly contended by the
National Commission, in most cases non registration of marriages affects the women to a great measure. If the marriage is
registered it also provides evidence of the marriage having taken place and would provide a rebuttable presumption of the
marriage having taken place. Though, the registration itself cannot be a proof of valid marriage per se, and would
not be the determinative factor regarding validity of a marriage, 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 is registered
and the age of parties to the marriage. That being so, it would be in the interest of the society if marriages are
made compulsorily registrable. The legislative intent in enacting Section 8 of the Hindu Act is apparent from the use of
the expression for the purpose of facilitating the proof of Hindu Marriages.
16. As a natural consequence, 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.
17. 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 solemnized.
18. Accordingly, we direct the States and the Central Government to take the following steps:
(i) The procedure for registration should be notified by respective States within three months from today. This can be
done by amending the existing Rules, if any, or by framing new Rules. However, objections from members of the public
shall be invited before bringing the said Rules into force. In this connection, due publicity shall be given by the States and
the matter shall be kept open for objections for a period of one month from the date of advertisement inviting objections.
On the expiry of the said period, the States shall issue appropriate notification bringing the Rules into force.
(ii) 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. The consequence of non-registration of marriages or for filing
(iii) As and when the Central Government enacts a comprehensive statute, the same shall be placed before this Court for
scrutiny.
(iv) Learned Counsel for various States and Union Territories shall ensure that the directions given herein are carried out
immediately.
19. The Registry is directed to handover a copy of this order to learned Solicitor General for necessary follow-up action.
20. We record our appreciation for the valuable assistance rendered by Mr. G.E. Vahanvati, the Solicitor General and Mr.
Ranjeet Kumar, senior advocate, who appeared as amicus curiae.