Compulsory registration of marriages has been underscored as essential by the Supreme Court in the case of Seema v. Ashwani Kumar. This measure is crucial in preventing child marriages, ensuring the minimum age of marriage is adhered to, addressing bigamy/polygamy, upholding a married woman’s right to claim marital rights, discouraging men from abandoning women, and combating trafficking disguised as marriage.
Case Title: Seema v. Ashwani Kumar
Court: Supreme Court of India
Citation: 2006 (2) SCC 578
Judges: Hon’ble Justice Arijit Pasayat & Hon’ble Justice S.H. Kapadia
Date of Judgment: 14th February, 2006
Facts
- During a transfer petition hearing, it was observed that many individuals were denying marriages due to the absence of official marriage records in most states.
- Marriage has been a well-established institution in India since the Rigvedic age, with a high ideal of marriage.
- India signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1980, with a reservation on compulsory marriage registration due to diversity in the country.
- The lack of official marriage records in many states was noted by the Supreme Court of India, leading to denials of marriage existence.
- Several Indian states have laws for compulsory marriage registration, but many still follow a voluntary system. Acts like the Special Marriage Act and others allow registration but do not mandate it.
- The National Commission for Women advocated for compulsory marriage registration to address issues like child marriages, bigamy, and women’s rights.
Issues
- Should marriage registration be made compulsory?
- Is such a provision constitutional?
Judgment
The court urged States and Union Territories to notify the procedure for registration within three months, inviting public objections before finalizing the rules. Marriages should be registered by appointed officers, with provisions for age verification and penalties for non-registration or false statements.
The Supreme Court referred to constitutional provisions, suggesting compulsory registration of marriage would provide reliable evidence of marital rights and duties, particularly in legal disputes. This measure aims to eradicate child marriage and ensure equal rights for all citizens under the law.
By making marriage registration mandatory, the Supreme Court has successfully reduced the prevalence of child marriages, emphasizing the importance of legal compliance. This decision aligns with the Constitution of India and empowers both State and Central Governments to regulate marriage and divorce laws, including registration procedures.
The Supreme Court’s ruling emphasized: “Marriages of all Indian citizens, regardless of religion, must be compulsorily registrable in respective States where the marriage occurs.”
