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VIKRAM NATH, SANDEEP MEHTA
Amanjot Singh Chadha – Appellant
Versus
Union of India – Respondent
ORDER
1. The fidelity of a constitutional promise is measured not only by the rights it proclaims, but by the institutions that make those rights usable. In a secular republic, the State must not turn a citizen’s faith into either a privilege or a handicap. When the law recognises Anand Karaj as a valid form of marriage yet leaves no machinery to register it, the promise is only half kept. What remains is to ensure that the route from rites to record is open, uniform and fair.
2. The present writ petition under Article 32 of the Constitution of India seeks a limited mandamus directing the States and Union Territories to frame and notify rules under Section 6 of the Anand Marriage Act, 1909 (as amended in 2012) to facilitate registration of marriages solemnised by the Sikh rite commonly known as Anand Karaj. The relief is confined to operationalising the statutory mechanism contemplated by the Parliament. The limited prayer is that the rule-making duty be discharged within a reasonable time so that access to certification and the attendant civil consequences is secure and non- discriminatory across jurisdictions.
3. The facts giving rise to the writ petition are as follows:
(1) Registration of Sikh rite [Anand Karaj] – In a secular framework that respects religious identity while ensuring civic equality, law must provide a neutral and workable route by which marriages s....
The State is mandated to accept and register Christian marriages under the Indian Christian Marriage Act, 1872, ensuring legal recognition through civil registration frameworks.
Point of Law : The only condition for registration of marriage as per Rule 6 of Rules, 2008 is that marriage is to be solemnized.
The main legal point established in the judgment is that the Special Marriage Act, 1954 is a complete code in itself and cannot be superseded by the Rules of 2006, emphasizing the independence of Sec....
Registration of marriage cannot be denied based on the branch's enlistment; laws provide a statutory right to register marriages performed in accordance with Hindu rituals.
The registrar cannot cancel a marriage registration without sufficient proof of an erroneous entry.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
Hindu marriage – Unless and until marriage is performed with appropriate ceremonies and in due form, it cannot be said to be solemnised – Certificate of marriage is a proof of validity of Hindu marri....
(1) Same sex marriage – There is no unqualified right to marriage guaranteed by Constitution – Marriage is a social institution and in our country, it is conditioned by culture, religion, customs and....
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