Seema Vs. Ashwani
Kumar [2008] INSC 1069 (9 July 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) No. 291 OF 2005
Seema ....Appellant Versus Ashwani Kumar .....Respondent
DR. ARIJIT PASAYAT,
J.
- In
this case directions were given to the States and the Union Territories in
the matter of framing necessary statutes regarding compulsory registration
of marriages. By order dated 14.2.2006 (reported in Seema v. Ashwani Kumar
(2006 (2) SCC 578) following directions were given:
i.
The
procedure for registration should be notified by respective States within three
months from today. This can be done by 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 oven for
objections for a period of one month from the date of advertisement inviting
objections. On the expiry of the said period, 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 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
of this Court.
iii.
As
and when the Central Government enacts a comprehensive statute, the same shall
be placed before this Court for scrutiny.
iv.
Learned
counsel for various States and Union Territories shall ensure that the
directions given herein are carried out immediately."
- Subsequently,
by order dated 25.10.2007 further directions were given [see: Seema v.
Ashwani Kumar (2008(1) SCC 180)]. Particular reference was made to the
earlier observations to the effect that marriages of all persons who are
citizens of India belonging to various religions should be compulsorily
registered in the respective States and Union Territories where the
marriages have been solemnized. Different States and Union Territories
have placed on record details of the compliance made. When the matter was taken
upon on 28.4.2008, it was stated that four States namely:
Madhya Pradesh,
Gujarat, Kerala and Haryana have already final rules. So far as the State of
Punjab is concerned, it was submitted that the Bill has been prepared and it is
to be placed before the Legislative Assembly, and that the draft rules have
been prepared in the States of Arunachal Pradesh and Uttar Pradesh. It was
stated on behalf of the Union Territory of Pondicherry that the matter was
referred to the Central Government because the issue of special statutes is
concerned. So far as the State of Uttrakhand is concerned it was stated that
the rules have been framed in the year 2006 and the matter is pending
consideration because of certain suggestions made by the Home Ministry. So far as
the State of Maharashtra is concerned it was submitted that though with effect
from 15.5.1999 a statute is in place, certain modifications are necessary as
the marriages under the Special Marriage Act are not directly covered. So far
as the State of Sikkim is concerned, it was stated that the rules have 3
been notified on 9.8.2007 and in the State of Mizoram a statute has been
enacted on 24.2.2007. It is stated that affidavits in this regard shall be
filed. So far as the State of Manipur is concerned, it is stated that the Bill
has already been introduced in the Assembly in February, 2008. So far as the
State of Assam is concerned, it was submitted that the Bills are under
consideration. Learned counsel for the State of Tamil Nadu stated that he wants
to find out whether any Statute has been introduced on 26.2.2007 and to file
additional affidavit. It was submitted on behalf of the State of Chhatisgarh
that the necessary Statute has been enacted on 20.11.2006. Let all the States
and Union Territories who have not given specific details, file affidavits
within four months from today.
- List
after four months.
..........................................J.
(Dr. ARIJIT PASAYAT)
.....................
......................J.
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