Judgment

Arijit Pasayat, J.—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 situatio