SMT. SEEMA versus ASHWANI KUMAR

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

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Parties

SMT. Seema

Petitioner

Ashwani Kumar

Respondent

Procedural Posture

Transfer Petition (civil) / Decision

  1. 1 Whether marriages of Indian citizens of all religions should be made compulsorily registrable
  2. 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.