Report No. 270
Marriages to be compulsorily registered.- Every marriage performed on and from the date of commencement of this Act shall be registered under this Act notwithstanding the fact that the said marriage had been entered in the marriage registers governed by any other personal laws of the parties to the marriage or custom or usage or tradition).
(v) Similarly, Rajasthan too has enacted the Rajasthan Compulsory Registration of Marriages Act, 2009, wherein it is provided for Compulsory Registration of Marriages of citizens of India solemnised in the State.
(vi) The Mizoram Compulsory Registration of Marriages Act, 2007 provides for compulsory registration of marriages solemnised in the State of Mizoram, "marriage" includes all the marriages contracted by persons belonging to any caste, tribe or religion, and the marriages contracted as per any custom, practice or tradition, and also includes re-marriages.
(vii) Further there are the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, (3) The Himachal Pradesh Registration of Marriages Act, 1996, and (4) The Andhra Pradesh Compulsory Registration of Marriages Act, 2002.
(viii) In Odisha, the registration of marriages were regulated under various Acts and Rules; namely, (i) the Orissa Mohammedan Marriages and Divorces Registration Act, 1949 and Rules, 1976 for Muslim Community (Section-8 and Rule 2A) (ii) the Orissa Hindu Marriage Registration Rules, 1960 (Rules-4, 4A and 4B) (iii) the Indian Christian Marriage Act,1872 (Sections-6 and 9) and (iv) the Special Marriage Act, 1954 (Section-3). Pursuant to the judgement of the Hon‟ble Supreme Court in Seema v. Ashwani Kumar13, the Odisha Hindu Marriage Registration Rules, 1960 and the Odisha Mohammedan Marriages & Divorces Registration Rules, 1976 were amended in the year 2006 and registration of marriages of Hindu and Muslim religions are compulsory since then.
(ix) In Goa, the process of registration of marriage with the State Government is initiated before its solemnisation under religious rites and ceremonies of the parties to the marriage. The position of registration of marriage in the State of Goa is progressive in view of the fact that it is governed under Civil Registration Code of 1912 which is mostly based on the Portuguese Code of 1867. The said Act is applicable to Daman & Diu as well. Even marriage of Roman Catholics solemnised under canonical law need to be routed through the Civil Registration Office. Marriage of Christian community could only to be solemnised by the Priest of the Church when No Objection Certificate from the Sub Registrar Office is produced before him.
Article 1 of the Code of 1912 provides for compulsory registration to fix authenticity and juridical individuality of each citizen and to serve as basis of his civil rights. Article 4 thereof provides that no other mode of proof can be accepted. Article 6, thereof, provides that if lack of registration is attributable to an interested party, for proof, such party has to resort to judicial proceedings.
(x) In Puducherry, the Pondicherry Hindu Marriage (Registration) Rules, 1969 have come into force w.e.f. 7th April, 1969. All Sub-Registrars of Puducherry have been appointed under Section 6 of the Indian Registration Act, 1908 as Marriage Registrars for the purposes of registering marriages. In the Union territory of Puducherry, marriages of various communities are registered with the Local Bodies Authorities under Municipal/Commune Panchayat limits under the provisions of the Registration of Marriages by "Decret" dated 24.04.1880 or under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954 by the Sub-Registrars of the Registration Department.14 Previously, the French Civil Code was used for registration of Births, Deaths and Marriages in the Local Bodies of the Union territory of Puducherry. The Registration of Births and Deaths Act, 1969 was implemented in March 1979 for registration of births and deaths. However, the Registration of Marriages is still under the said French Civil Code.
(xi) In Jammu and Kashmir, as regards Muslims, Section 3 of the Jammu and Kashmir 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 Nikah ceremony. However, the Act has not been enforced.
(xii) So far as the Union territory of Chandigarh is concerned, the Hindu Marriage Registration Rules, 1966 have been framed.
(xiii) The Tripura Recording of Marriage Act, 2003 regulates compulsory recording of marriage solemnised under the Act updated by the Tripura Recording of Marriage (Amendment) Act, 2013.
(xiv) Earlier there were other laws that existed for the purpose of registration of marriages. They are: (1) The Bombay Registration of Marriages Act, 1953, In five States provisions had 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, 1949; and the Bengal Mohammedan Marriages and Divorce Registration Act, 1876 are the relevant statutes. Many of these have been repealed for replaced by new legal regimes.
Back
