A SMT.

SEEMA
v.
ASHWANI KUMAR

FEBRUARY 14, 2006

B [ARIJIT PASA YAT AND S.H. KAPADIA, JJ.]

Family Law:

Registration of marriage-Marriages of all Indian citizens, irrespective

C of religion-Held: Made compulsorily registrable-States and Central
Governments directed to take steps.

While hearing a transfer petition, this Court noted that in large

number of cases some unscrupulous persons are denying the existence of
D marriage taking advantage of the situation that in most of the States there
is no official record of the marriage.

Notices were issued to various States and Union Territories to assist

the Court in laying down guidelines in the matter of registration of
marriages. All the States and the Union Territories indicated their stand
E that registration of marriages is highly desirable.

Directing the States and Central Government to take steps for

registration of marriages, the Court

HELD: Registration of marriage is not compulsory in several States,

F although most of the States have framed rules regarding registration of
marriages. If the record of marriage is kept, to a large extent, the dispute
concerning solemnization of marriages between two persons is avoided.
If the marriage is registered it also provides evidence of the marriage
having taken place and would provide a rebuttable presumption of the
marriage having taken place. Though, the registration itself cannot be a
G proof of valid marriage per se, and would not be the determinative factor
regarding validity of a marriage, yet it has a great evidentiary value in

H
the matters of custody of children, right of children born from the wedlock
of the two persons whose marriage is registered and the age of parties to
the marriage. That being so, it would be in the interest of society that
220
-
 SMT. SEEMA v. ASHWANI KUMAR [PASA YAT. J.] 221

marriages of all persons who are citizens of India belonging to various A

religions should be made compulsorily registrable in their respective
States, where the marriage is solemnized. 1225-G-H; 226-A-BI

CIVIL ORIGINAL JURISDICTION : Transfeer Petition (C) No. 291

of 2005.
B
Under Section 25 of the Code of Civil Procedure for transfer of
Matrimonial Suit No. 104 of2004 pending in the Court of Additional District
Judge, Delhi.

G.E. Vahanvati, S.G., Ranjit Kumar Balraj Dewan, Mukesh Shanna,

Manish Shankar, Pankaj K. Singh, Yash Pal Dhingra, S.W.A. Qadri, C
Aruneshwar Gupta, Rajeev Kumar Dubey, V.G: Pragasam, Mrs. Anil Katiyar,
Gopal Singh, Rituraj Biswas, Tara Chand Shanna, Ms. Neelam Shanna, K.R.
Sasiprabhu, Balaraj, B., J.S. Attri, Ms. Shivani Thakur, Mrs. D. Bharathi
Reddy, Nikhal Shakad Danda, Mrs. Nandini Gore, Gopal Prasad, Ajay Sharma,
Rajeev Sharma, Ms. Kamini Jaiswal, Ms. Sunita Diwedi, Ms. Shamita Bakshi, D
Ms. Rani, Ranjan Mukherjee, Manjeet Singh, Mrs. Vivekta Singh, Harikesh
Singh, T.V. George, Sanjay R. Hegde, Anil K. Mishra, A. Rohen Singh, Ravi
P. Mehrotra, Garvesh Kabra, Ms. Supama Srivastava, Ms. Deepti Singh,
Rajesh Srivastava, Ms. Sunita Shanna, D.S. Mahara and K.H. Nobin Singh
for the appearing parties.
E
The Judgment of the Court was delivered by

ARIJIT PASA YAT, 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
commence~ent of the Rigvedic age, marriage was a well-established F
.-J, institution, and the Aryans ideal of marriage was very high.

The Convention on the Elimination of All Fonns of Discrimination

Against Women (in short 'CEDA W') 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 G
and one Reservation. Article 16(2) of the Convention says "though India
,.A 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 H
 222 SUPREME COURT REPORTS [2006] 2 S.C.R.

A customs, religions and level of literacy· and has expn:ssed reservation '(

to this very clause to make registration of marriage compulsory".

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 situation that in most of the
B States there is no official record of the marriage. Notice was issued to various
States and Union Territories and learned Solicitor General and Mr. Ranjit
Kumar, learned senior counsel were requested to act as Amicus Curiae to
assist the Court in laying down guidelines in the matter of registration of
marriages. Without exception, all the States and the Union Territories indicated
C their stand to the effect that registration of marriages is highly desirable.

It has been pointed out that compulsory registration of marriages would

be a step in the right direction for the prevention of child marriages still
prevalent in many parts of the country. In the Constitution of India, 1950 (in
short the 'Constitution') List III (the Concurrent List) of the Seventh Schedule
D 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.
E 30. Vital statistics including registration of births and deaths."

It is to be noted that vital statistics including registration of deaths and

births is covered by Entry 30. The registration of marriages would come
within the ambit of the expression 'vital statistics'.
F 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 marriages. They are: (I) The Bombay Registration
of Marriages Act, 1953 (applicable to Maharashtra and Gujarat), (2) The
Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976,
G (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,
H
 SMT. SEEMA v. ASHWANI KUMAR [PASAY AT. J.] 223

)/ 1949" and the "Bengal Muhammadan Marriages and Divorce Registration A

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
B
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 bride
and bridegroom, the officiating priest and the witnesses. The Parsi Marriage
and Divorce Act, 1936 makes registration of marriages compulsory. Under c
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 D
-i
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
lr 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 E
Registrar 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 I 081 of the Portuguese (Civil) Code which
is the common Civil Code in force in the State. It is pointed out in the
affidavit filed on behalf of the respondent-State of Goa that the Hindu Act
is not in force in the said State since it has not been extended to the State F
_j either by the Goa, Daman and Diu Laws Regulations, 1962 or by the Goa,
Daman and Diu Laws No.2 Regulations, 1963 by which Central Acts have
been extended to the State after the liberation of the State. Procedure for
marriages is also provided in Code of Civil Registration (Portuguese) which
is in force in the State. The Foreign Marriage Act, 1969 also provides for G
registration of marriages .
•
-·
I-\ As noted above, the Hindu Act enables the State Government to make
rules with regard to the registration of marriages. Under Sub-section (2) of
Section 8 if the State Government is of the opinion that such registration
should be compulsory it can so provide. In that event, the person contravening H
 224 SUPREME COL!Rr REPOR!"S 12006] 2 S.C.R.

A any rule made in this regard shall be punishable with fine.

In various States different marriage Acts are in operation e.g. in Jammu
and Kashmir. Jammu and Kashmir Hindu Marriage Act, 1980 empowers the
Government to make rules to provide that the parties (Hindus) shall have
their particulars relating to marriages entered in such a manner as may be
B prescribed for facilitating proof of such marriages. Admittedly, no rules have
been framed. As regards Muslims, Section 3 of the Jammu and Kashmit
Muslim Marriages Registration Act, 1981 provides that marriage contracted
between Muslims after the commencement of the Act shall be registered in
the manner provided therein within 30 days from the date of conclusion of
C Nikah ceremony. However, the Act has not been enforced. So far as Christians
are concerned, the Jammu and Kashmir Christian Marriage and Divorce Act,
1957 provides for registration of marriages in terms of Sections 26 and 37
for registration of marriages solemnized by Minister of Religion and marriages
solemnized by, or in the presence of a Marriage Registrar respectively.

D In exercise of powers conferred by Section 8 of the Hindu Act the State

of U.P. has framed U.P. Hindu Marriage Registration Rc1les, 1973 which
have been notified in 1973. In the affidavit filed by the S1<1te Government it
is stated that the marriages are being registered after enactment of the Rules. .,.

In Pondicherry, the Pondicherry Hindu Marriage (Registration) Rules,

E 1969 have come into force w.e.f. 7th April, 1969. All Sub-Registrars of
Pondicherry have been appointed under Section 6 of the Indian Registration
Act, 1908 (in short the 'Registration Act') as Marriage Registrars for the
purposes of registering marriages. In the State of Haryana, the Haryana Hindu
Marriage Registration Rules, 2001 under Section 8 of the Hindu Act have
F been notified. In the State of West Bengal, Hindu Marriage Registration
Rules, 1958 have been notified.

From the affidavit filed on behalf of the State ofTripura, it appears that
the said State has introduced rules called Tripura Hindu Marriage Registration
Rules, 1957. It has also introduced Tripura Special Marriage Rules, 1989
G under the Special Marriage Act, 1954. So far as the State of Karnataka is
concerned, it appears that Registration of Hindu Marriages (Karnataka) Rules,
1966 have been framed. It further appears that Karnataka Marriages
(Registration and Miscellaneous Provisions) Act, 1976 has been introduced.
Section 3 of the Act requires compulsory registration of all marriages
contracted in the State.
H
 SMT. SEEMA v. ASHWANI KUMAR (PA SAY AT. J.] 22~
So far as the Union Territory of Chandigarh is concerned, Hindu A
Marriage Registration Rules, 1966 have been framed.

Jn the affidavit filed on behalf of the National Commission for Women

(in short the 'National Commission') it has been indicated as follows:

"That the Commission is of the opinion that non-registration of B

marriages affects the most and hence has since its inception supported
the proposal for legislation on compulsory registration of marriages.
Such a law would be of critical importance to various women related
issues such as:

(a) prevention of child marriages and to ensure minimum age of C

marriage.

(b) prevention of marriages without the consent of the parties.

(c) Check illegal bigamy/polygamy

(d) Enabling married women to claim their right to live in the D

matrimonial house, maintenance, etc.

{e) Enabling widows to claim their inheritance rights and other benefits
and privileges which they are entitled to after the death of their
husband.
E
(f) Deterring men from deserting women after marriage.

(g) Deterring parents/guardians from selling daughters/your.g girls to

any person including a foreigner, under the garb of marriage."

As noted supra, except four statutes applicable to States of Maharashtra, F

Gujarat, Karnataka, Himachal Pradesh an<l Andhra Pradesh registration of
marriages is not compulsory in any of the other States.

As is evident from narration of facts though most of the States have

framed rules. regarding registration of marriages, registration of marriage is
not compulsory in several States. If the record of marriage is kept, to a large G
extent, the dispute concerning solemnization of marriages between two persons
· is avoided. As rightly contended by the National Commission, in most cases
non registration of marriages affects the women to a great measure. If the
marriage is registered it also provides evidence of the marriage having taken .
place and would provide a rebuttable presumption of the marriage having H
 226 SUPREME COURT REPORTS [20061 2 S.C.R.

A taken place. Though. the registration itself cannot be a proof of valid marriage "' ~

per se, and would not be the determinative factor regarding validity of a
marriage, yet it has a great evidentiary value in the matters of custody of
children, right of children born from the wedlock of the two persons whose
marriage is registered and the age of parties to the marriage. That being so,
it would be in the interest of the society if marriages are made compulsorily
B registrable. The legislative intent in enacting Section 8 of the Hindu Act is
apparent from the use of the expression "for the purpose of facilitating the
proof of Hindu Marriages". ..
As a natural consequence, the effect of non registration would be that
c the presumption which is available from registration of marriages would be
denied to a person whose marriage is not registered.

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.
D
Accordingly, we direct the States and the Central Government to take
the following steps: ,~

(i) The procedure for registration should be notified by respective '

States within three months from today. This can be done by
E amending the existing Rules, if any, or by framing new Rules.
However, objections from members of the public shall be invited
before bringing the said Rules into force. In this connection, due
publicity shall be given by the States and the matter shall be kept
open for objections for a period of one month from the date of
advertisement inviting objections. On the expiry of the said period,
F the States shall issue appropriate notification bringing the Rules
into force.
(ii) The officer appointed under the said Rules of the States shall be
duly authorized to register the marriages. The age, marital status
(unmarried, divorcee) shall be clearly stated. The consequence
G of non-registration of marriages or for filing false declaration
shall also be provided for in the said Rules. Needless to add that
the object of the said Rules shall be to carry out the directions
lo'\
of this Court.
(iii) As and when the Central Government enacts a comprehensive
H statute. the same shall be placed before this Court for scrutiny.
 SMT. SEEMAv. ASHWANI KUMAR [PASAYAT, J:] 227

(iv) Learned counsel for various States and Union Territories shall A
ensure that the directions given herein are carried out immediately.

The Registry is directed to handover a copy of this order to learned

Solicitor General for necessary follow-up action.

We record our appreciation for the valuable assistance rendered by Mr. B

G.E. Vahanvati, the Solicitor General and Mr. Ranjeet Kumar, senior advocate,
who appeared as {lmicus curiae.

D.G.