SC seeks view on mandatory registration of marriage Monday, May 9 2005 17:19 Hrs (IST) - World Time -
New Delhi:
Intending to make registration of marriages mandatory, the Supreme Court has asked Solicitor General G E Vahanvati to ascertain the views of the States and Union Territories and place them before the Court.
This direction was given by a Bench comprising Justice Arijit Pasayat and Justice S H Kapadia, which felt that in the absence of records relating to dates of marriages and parties to marriage, problems come up, which have far-reaching consequences.
It requested the SG to consider whether Government orders by way of executive instructions could be issued, on the basis of directions of the apex Court, to various States and Union Territories to authorise officials specifically to keep record of marriages so that they could be placed as evidence in different proceedings if the necessity arose.
Vahanvati stated that there might be the necessity of a suitable legislation in this regard as the Government Orders or executive instructions might not suffice.
"We are of the view that until a suitable legislation is made, the Government Orders, executive instructions can be made enforceable in terms of the orders of this Court," the Bench said and added these could be implemented where there is no statutory prescription for recording, registering the marriage, and could be done as an additional measure.
Requesting senior advocate Ranjit Kumar to assist the Court in the matter, the Bench asked Vahanvati to ascertain the views of the States and UTs and place them before the
Court so that appropriate directions could be issued.