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2022 Supreme(Chh) 335

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Akshay Sharma S/o Shri Mahesh – Appellant
Versus
Collector, Raipur, Tehsil And District Raipur, Chhattisgarh (Marriage Officer, Raipur City, Chhattisgarh) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Pranjal Agrawal with Ms. Vidhi Agrawal, Advocate
For the Respondent/State: Shri D.C. Verma, G.A.

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The peculiar circumstances of this case gave rise to filing of this appeal against the order dated 22.07.2022 (Annexure A-1) passed by the learned Family Court, Raipur wherein an application preferred by the appellant for registration of his marriage under the Special Marriage Act, 1954 was rejected by suggesting the appellant to approach the 'choice centre' to get marriage registered under the C.G. Compulsory Registration of Marriage Rules, 2006 (henceforth referred to as ' Rules of 2006 )

2. Learned counsel for the appellant submits that the C.G. Compulsory Registration of Marriage Rules, 2006 was framed under a specific object pursuant to the order passed by the Hon'ble Supreme Court in case of Smt. Seema V. Ashwani Kumar, AIR 2006 SCC 1158 : 2006 (2) AIR Bom R 783. He would submit that reading of the said Rules over and above Special Marriage Act, 1954 (henceforth referred to as ' Act of 1954 ) would be completely misplaced, as the Act of 1954 is a code in itself, which provides for registration of marriage and no nexus to the Rules of 2006. He would therefore submit the right which is created under a statute cannot be delegated to such Rule

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