SMT. SEEMA versus ASHWANI KUMAR
Marriages of all Indian citizens, irrespective of religion, should be made compulsorily registrable in their respective States where the marriage is solemnized. Registration is not a determinative factor of validity, but it provides evidentiary value and serves important social functions.
- Parties
- Petitioner: SMT. Seema; Respondent: Ashwani Kumar
- Jurisdiction
- India
- Judgment Date
- 14 February 2006
- Procedural Posture
- Transfer Petition (civil) / Decision
- Outcome
- States and Central Government directed to take steps for compulsory registration of marriages.
- Legal Topics
- Registration of Marriage, Compulsory Registration, Marriage Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
SMT. Seema
Petitioner
Ashwani Kumar
Respondent
Procedural Posture
Transfer Petition (civil) / Decision
Legal Issues
- 1 Whether marriages of Indian citizens of all religions should be made compulsorily registrable
- 2 What steps should be taken by States and Central Government for compulsory registration of marriages
Ratio Decidendi
Marriages of all Indian citizens, irrespective of religion, should be made compulsorily registrable in their respective States where the marriage is solemnized. Registration is not a determinative factor of validity, but it provides evidentiary value and serves important social functions.
Court Disposition
States and Central Government directed to take steps for compulsory registration of marriages.
Orders
- States to notify procedure for registration of marriages within three months by amending or framing Rules, after inviting and considering public objections.
- Officer under the Rules to register marriages with age and marital status; provide consequences for non-registration and false declarations.
Full Case Text
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