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2007 Supreme(SC) 1781
SUPREME COURT OF INDIA
Arijit Pasayat and Lokeshwar Singh Panta, JJ.
Seema - Petitioner
Versus
Ashwani Kumar - Respondent
T.P. (C) No. 291 of 2005
Decided On : 23-07-2007
Compulsory registration of marriages for all citizens of India belonging to various religions
Headnote:
Marriage Registration - Compulsory Registration of Marriages for All Citizens - The court emphasized the compulsory registration of marriages for all citizens of India belonging to various religions, highlighting the need for uniformity in marriage registration laws across different states.
Fact of the Case:
The States of Tamil Nadu, Arunachal Pradesh, Maharashtra, Tamil Nadu, and Jammu & Kashmir failed to file the directed affidavit regarding marriage registration laws.
Finding of the Court:
The court granted a last chance of four weeks to file the affidavit and noted the variance in marriage registration rules, emphasizing the need for uniformity.
Issues: Non-compliance with affidavit filing, variance in marriage registration rules
Ratio Decidendi: Compulsory registration of marriages for all citizens of India belonging to various religions
Final Decision: The court directed the states to file the affidavit and emphasized the need for uniformity in marriage registration laws.
JUDGMENT :
1. Heard learned Amicus curiae.
2. It appear s that the States of Tamil Nadu, Arunachal Pradesh, Maharashtra, Tamil Nadu and Jammu & Kashmir have not filed the affidavit as directed by order dated 11th May, 2007. As a last chance four weeks time is granted to file the affidavit. It is pointed out by learned Amicus Curiae that wherever Rules have been framed relate only to Hindus and not to other religion. This appears to be at variance with the order dated 14th February, 2006 where it was observed as follows :
"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"
Order accordingly.
