Compulsory registration of marriages is essential for the prevention of child marriage and for maintaining vital statistics. The court has the authority to direct the states and the central government to take necessary steps for implementation.

( 1 ) PURSUANT to the order dated 23. 7. 2006, the matter was placed for our consideration. By judgment dated 14. 2. 2006 reported as Smt. Seema v. Ashwani Kumar (2006 (2) SCC 578), it was directed that all marriages shall be compulsorily registered. In the said order, it was inter alia noticed as follows:

"it has been pointed out that compulsory registration of marriage would be a step in the right direction for the prevention of child marriage still prevalent in many parts of the country. In the Constitution of India, 1950 (in short the 'constitution') List II (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. 30. Vital statistics including registration of births and deaths. "

( 2 ) IT is to be noted that vital statistics including registration of deaths and births is covered by Entry 30. The registration of marriage would come within the ambit of the expression 'vital statistics'.

( 3 ) 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 marriage. 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 birde and bridegroom, the officiating priest and the witnesses. The parsi Marriage and Divorce Act, 1936 makes registration of marriages compulsory. Under Section 8 of the Hindu Marriage act, 1955 (in short the 'hindu Act') certain provisions exist for registration of marriages. However, it is left to the discretion of the contracting parties to either solemnize the marriage before the Sub-Registrar or register it after performing the marriage ceremony in conformity with the customary beliefs. However, the Act makes it clear that the validity of the marriage in no way will be affected by omission to make the entry in the register. In Goa, the Law of Marriages which is in force in the territories of Goa, Daman and Diu w. e. f. 26. 11. 1911 continues to be in force. Under Articles 45 to 47 of the Law of Marriages, registration of marriage is compulsory and the proof of marriage is ordinarily by production of certificate of Marriage procured from the Register maintained by the Civil Register and issued by the concerned Civil registrar appointed for the purpose by the Government. The procedural aspects about registration of marriages are contained in Articles 1075 to 1081 of the Portuguese (Civil)Code which is the common Civil Code in the S