NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW

RANCHI

“COMPULSORY REGISTRATION OF MARRIAGE”

SUBMITTED TO: SUBMITTED BY:

Dr. Sangita Laha Ram Kumar Yadav

Associate Professor-cum-Dean Roll No: 951

Family law Semester 3RD

Section- B
 Chapter-1
Introduction

Several institutions existed in Indian society which can be traced from the historical study of
ancient legal ideas. These institutions have developed from time immemorial and are not
result of a single day. Each institution has its own history which contains its origin and
transformation to adapt with passage of time. Every institution has a desired role in the
society which may change from time to time but if the institution is not capable to cope up
with the changes of society then it must be replaced.

One of such institution is the institution of Marriage. The Marriage is the most widely
recognized all inclusive and decent institution everywhere throughout the world. No other
social institution has been observed to be more persisting than the institution of marriage. The
Institution of marriage is as old as the beginning of human advancement. Marriage offers
ascend to various occurrences. It gives the lawful status of a couple to the gatherings to the
marriage. It offers authenticity to the offspring of marriage. The gatherings get the privilege
of 'cohabitation' and 'Consortium'. The sex is legalized. A number of mutual rights and
obligations emerge. In this way, the institution of marriage has its very own significance in
each general public. In any case, as other social ideas, the nature and other related parts of
marriage are diverse under various individual laws and have been continued changing with
the adjustments in the society. The subsistence of the social unit of “family” is the general
aim of marriage and it is the fundamental of every society irrespective of what customs
govern it. Like marriage in Hindus is religious sacramental while in Muslims it is just a
contract.

Since independence, various initiatives have been taken to address the issue of gender
disparity. Reform initiatives taken so far have prevailing to a substantial degree, be that as it
may, child marriages, bigamous marriage and gender brutality keep on going in our society,
regardless of enactments barring and punishing such practices. A lot disputes are pending in
the courts with respect to marital status of the parties. Females are frequently precluded the
status from claiming spouse because of lack of record demonstrating a legitimate marriage.
The courts have on numerous occasions have favoured on making registration of marriage
mandatory, to avoid disavowal of status to females and to offspring conceived from such
marriages1. Occurrences of marriage fraud are the most seen in today's era. Without
mandatory registration, ladies are tricked into wedding without execution of the conditions of

1
Kanagavalli v. Saroja, AIR 2002 Mad 73.
 a legitimate marriage This denies wife of societal acknowledgment and legal security. Such
fraudulent marriages are particularly on hype among non-residential Indians. Compulsorily
registration can fill in as a way to guarantee that substantial requisite of marriage has been
performed. In 2006, the Supreme Court in Seema v. Ashwani Kumar and ors1. observed that
marriages of all people who are natives of India professing different religions ought to be
enrolled necessarily in their individual States, where the marriage is solemnized. Further, as
and when the Central Government enacts a comprehensive statute, the equivalent will be used
for scrutiny by the Court for investigation. The judgment additionally referred to the Bill
made by the National Commission of Women.

In 2007 the Committee on Empowerment of Women, depending upon the NCW's Bill seen
that regardless of religion, registration of marriages ought to be made compulsory. The report
shed light on the predicament of Indian females whose spouses, in various cases declined to
recognize their marriage before getting a second marriage or leaving their previous wives
and rejecting them maintenance, and so forth. The Committee, in this manner, wanted that the
Government will make registration of all marriages obligatory, making this less complex,
reasonable and available.

Research Problem
The paper address followings issues which are relevant in the society due to non-registration of
marriage
(a) Prevention of child marriages and to ensure minimum age of marriage.
(b) Prevention of marriages without the consent of the parties.
(c) Check bigamy/polygamy.
(d) Enabling married women to claim their right to live in the matrimonial house, maintenance,
etc.
(e) Enabling widows to claim their inheritance rights, other benefits and privileges which they
are entitled to after the death of their husband.
(f) Deterring men from deserting women after marriage.
(g) Deterring parents/guardians from indulging in trafficking of women to any person including
a foreigner, under the garb of marriage.
Yet it has an extraordinary evidentiary incentive in the issues of authority of youngsters, right
of kids conceived from the wedlock of the two people whose marriage is enrolled and the
period of gatherings to the marriage. That being in this way, it would be in light of a legitimate
2
2006 (2) SCC 578
concern for the general public if registration of marriages is made obligatorily. A ultimate
object is to give an instrument to 'necessary registration of marriages' which is being proposed
for all natives of India independent of the religion or standing of the gatherings, way, time or
place of solemnization of the marriage or custom/establishment under which marriage is
solemnized or individual laws of the gatherings.

Such issues and rights will get legal backing and pave path for compulsory registration of
marriage which will gradually bring to justice to members of society especially to women and
children arising of second marriage in a women was duped.

Research objective
. To Study, Examine and understand about the Compulsory Registration of Marriage.
.To examine about legal validity of Marriage.
.To Check Bigamy/ Polygamy.
. To Understand about Prevention of child marriages and to ensure minimum age of marriage.

Research Hypothesis
1) Compulsory registration of Marriage prevent child marriages and ensure minimum age of
marriage.

2) Compulsory registration of Marriage prevent polygamy, unless the same is permitted under
any law or custom.

3) Compulsory Registration of Marriage ensure that prior wives get notice of intended
marriage.

4) Compulsory Registration of Marriage enable the married women including the women
married to NRI/ foreigners to claim her right to shelter and maintenance.
5) Compulsory Registration of Marriage prevent the practice where men desert women after
performing the marriage including act as a deterrent to the practice of selling daughters to
any person including a foreigner, under the garb of marriage.

Research Methodology
Since the problem being a socio-legal one, the method of the research is chosen in such a
manner that would bring out the holistic view of the issue. The method used is termed as
traditional methodology or doctrinaire approach, and has been applied with appropriate
modifications to include and assimilate the data derived from diverse sources.
 Review of Literature
Non registration of marriage affects women the most. Women most prominently victims of
bigamous relationships and property disputes face enormous hardship in establishing their
marriage as they have no proof of marriage. It has been seen in a number of cases of bigamy
that the wives are losing their cases by reason of their failure to prove the first or second
marriage of their husbands.
Marriage qualifies as a life cycle transition that is both normative and anticipated, has the
potential to be highly stressful (Boss, 1988). According to McGoldrick (1989), becoming a
couple is one of the most complex and difficult transitions of the family life cycle even though
it is often perceived as the least complicated and most joyous
Larson (1988; 1992) and Larson and Holman (1994) suggested that a person’s beliefs about
marriage and how marital satisfaction was achieved might significantly affect one’s
expectations and readiness for marriage.
Karney et al. (1994) found that negative spousal affectivity contributed to the negative
attributions one makes about self, spouse, and marital relationship.
Huston &Geis, 1993; Otto, 1979; Stinnett, 1969; Thoits, 1992) . Social mores perpetuate the
traditionalist myth that in marriage men should be in a superior, hierarchical position (Carter
&McGoldrick, 1989; Schwartz, 1994). Bielby and Bielby (1989) stated that women were more
concerned with family and marital roles than with their work or occupational roles, whereas
men placed greater importance on work roles than on family and marriage roles. However,
traditional assumptions about marital and social responsibilities often do not reflect marital and
social reality thereby creating disagreements over the establishment of spousal roles within the
marriage (Bader & Sinclair, 1983; Huston &Geis; Schwartz).
Ganong, Coleman, and Brown (1981) and Salts, Seismore, Lindholm, and Smith (1994)
asserted that females held more favorable attitudes toward marriage and are more egalitarian in
their marital role expectations than males.
Grover, Russell, Schumm, and Paff-Bergen (1985) proposed that those individuals who had a
number of successful friendships, participated in a variety of social activities, and who were
members of social organizations were better able to establish successful marriages than were
those individuals who were more socially isolated.
 Chapter Scheme
The research has been conducted under the following heads:
Chapter I Introduction
It enunciates the problem for study in the view towards legal and societal aspects of compulsory
registration of marriage.
Chapter II Global perspective on registration of marriage
It deals with prevalent towards views on compulsory registration of marriage in different
countries.

Chapter III Marriage Registration: Indian Legislative Framework

which talks about prevalent statutes which govern registration of marriage.
Chapter IV Judicial Pronouncements
This Chapter enunciates the view of judiciary on compulsory registration of marriage in
different countries.
Chapter V Need for a Central Legislation to Regulate Compulsory Registration of
Marriages
This Chapter deals with need of compulsory registration of marriage.
Chapter VI Conclusions and Recommendations
it sums up the idea which this paper conveys and recommends the same.
 Chapter-2
Global perspective on registration of marriage

United Nations has emphasized the significance of making a record of fundamental

occasions, for example, birth, death and marriage. Formation of such a civil record for natives
effectively creates an authoritative archive that could be utilized to secure and build up
privileges of people. This likewise results in the making of a database that contains
indispensable measurements of critical and significant life occasions. The United Nations
characterizes civil registration as3:

The continuous, permanent, compulsory and universal recording of the occurrence and
characteristics of vital events pertaining to the population as provided through decree or
regulation in accordance with the legal requirements of a country. Civil registration is carried
out primarily for the purpose of establishing the legal documents required by law. These
records are also a main source of vital statistics. Complete coverage, accuracy and timeliness
of civil registration are essential to ensure the quality of vital statistics. In the Indian setting
any case, the up keep of vital statics does not fill the sole need of record-keeping by the State.
From numerous points of view it empowers social enactments to be successfully authorized.
In certain nations there is additionally a particular register identifying with registrations
particularly of 'family' occasions.

This register has been named as 'family album', 'household register' et al in different nations.
In numerous nations the official acknowledgment of one's status or of family-related
occasions, for example, marriage is just allowed when every single such occasion have been
accounted for and registered in the family or civil register.

For example Japan views a marriage as legitimately effective just when the family unit
register is updated with the information of the occasion this is known as Koseki.

The case in Germany where the register is known by the name familienbuch and France,
where it is called livret de famille. However, this is not the sole source of official recognition
for such events.

The Muslim Marriages and Divorce Registration Act, 1974 of Bangladesh likewise gives a
complete procedure by which all marriages solemnized ought to be registered and non-
registration is culpable with basic detainment which may stretch out up to two years, or fine
up to 3000 Taka, or with both4.
Even Pakistan has compulsory registration of marriages under Muslim Family Law
Ordinance, 1961 for muslims and after implementation Hindu Marriage Bill, hindus are too
bound to register marriage.

In Turkey even though no laws for registration of marriages but a valid only occurs when
done in front of registrar5.

In Indonesia, Article 2 para 2 of the Marriage Law of 1974 provides for compulsory
registration of marriages. In Sri Lanka, under Muslim Marriage and Divorce Act, 1951

(promulgated on 1-8-1954) marriages solemnised therein are required to be registered

compulsorily under section 17 of the said Act.6

Following acts too talks about registration of marriages-

(1) French Civil Code – Arts.165 to 169.

(2) Italian Civil Code – Arts. 106, 107 & 130.

(3) Civil Code of Brazil – Arts.1533 and 1534.

(4) Portuguese Civil Code of 1966 – Arts.1615, 1616, 1651 & 1653.

(5) Civil Code of Quebec – Arts.365 & 378

Hence approach in the global scenario is quite clear. Countries like Bangladesh, Turkey and
even Pakistan too has provisions for compulsory registration of marriage.

4
Section 5 of the Act reads: “(1) Where a marriage is solemnized by the Nikah Registrar himself, he shall
register the marriage at once. (2) Where a marriage is solemnized by a person other than the Nikah Registrar, the
bridegroom of the marriage shall report it to the concerned Nikah Registrar within thirty days from the date of
such solemnization. (3) Where solemnization of a marriage is reported to a Nikah Registrar under sub-section
(2), he shall register the marriage at once. (4) A person who contravenes any provision of this section commits
an offence and he shall be liable to be punished with simple imprisonment for a term which may extend to two
years or with fine which may extend to three thousand taka, or with both.”
5
Turkish Civil Code enacted in 1926 which was amended by Turkish Civil Code (2001).
 Chapter-3

Marriage Registration: Indian Legislative Framework

In India, not perceiving unregistered marriage as a legitimate would be profoundly

unacceptable, the same number of marriages generally happen informally in get-togethers of
relatives, with or without nearness of priests, or in whatever other standard way which should
likewise be perceived as substantial. Customary practices are so productive and individual
law frameworks likewise win making it important for the law to acknowledge social and local
decent variety. Accordingly the thought is to empower legal training among the general
population, with the goal that these functions can be gone before or prevailing by registration
of the occasion. An unregistered marriage is not to be treated as „void‟ but simply in an
attempt to encourage registration, there can be small penalties attached to non-registration.
This would help in a circumstance when the spouse has been left destitute and a second
marriage has been contracted by the other spouse, the proof of first marriage will be
indisputable and not permit a spouse to abandon his family and maintenance obligations etc.
There are numerous laws governing the marriage and divorce in India, but the idea behind
compulsory registration marriage is neither to challenge nor interfere any of these laws nor
any prevailing customs.

6
Section 17(1) of the Act reads: “Save as hereinafter expressly provided, every marriage contracted between
Muslims after the commencement of this Act shall be registered, as hereinafter provided, immediately upon the
conclusion of Nikah ceremony connected therewith.”
(i) Existing Central Legislation on Registration /Compulsory Registration
of Marriages and Divorces

a. The Indian Christian Marriage Act, 1872 - Part IV of the Act (Sections 27-37) contains
elaborate provisions for registration of marriages solemnised by Ministers and Clergymen.
Part V of the Act (Sections 38-59) provides rules for solemnisation-cum registration of
marriages directly by Marriage Registrars appointed under the Act. Part VI (Sections 60-65)
relates to marriages of “Indian Christians” and provides rules for certification.
b. The Kazis Act 1880 - Marriages among the Indian Muslims are solemnised by religious
officials known as the “kazi”. The Act empowers State governments to appoint kazis for the
purpose of assisting Muslims with solemnisation of marriages, etc. Section 4 of the Act
makes it clear that presence of a State appointed kazi will not be mandatory for any marriage.
Before, or immediately after, the “nikah” ceremony the kazi prepares a nikah-nama
(agreement containing all terms of contract of marriage) which gives full details of the parties
and is signed by both of them, and by two witnesses. The kazi authenticates the “nikah-
nama” by putting his signature and seal on it. Printed forms of standard nikah-nama are
stocked by all kazis who fill in it the details of the marriages they solemnize, issue copies to
both parties, and preserve a copy in their records. These can serve as proof of marriage for
the purpose of registration of Muslim marriages
c. The Anand Marriage Act, 1909 - This was enacted in order to allow for registration of
marriages among Sikhs. It derived from the word Anand Karaj which means a „joyful union‟.
The Act was subsumed within the Special Marriage Act in 1954 and Hindu Marriage Act in
1955. However, it was amended in 2012 to again include the registration of marriages of Sikh
couples who chose to opt out of the Hindu Marriage Act, 1955.
d. The Parsi Marriage and Divorce Act, 1936 - Section 12 of the Act provides that the priests
are required to periodically transmit their records to Marriage Registrars appointed under the
Act. A priest who neglects to certify a marriage or to transmit its copy to the Marriage
Registrar will be guilty of an offence punishable with simple imprisonment up to three
months, or with fine up to a hundred rupees, or with both. Further, the Marriage Registrars
are to be appointed by the State Government for various areas and they are required to
transmit their records to the Registrar-General of Births, Deaths and Marriages under Section
9 of the Act.
e. The Special Marriage Act, 1954 - The Special Marriage Act, 1954 is available to all Indian
citizens irrespective of religion and was originally enacted to enable cross-community
marriages. Marriages are registered under section 15 of the Act by the Marriage Officer
specially appointed for the purpose. Marriage records by all Marriage Officers, is periodically
transmitted to the Registrar-General of Births, Deaths and Marriages. Periodicity and forms
are to be prescribed by the State governments under the Rules to be framed for carrying out
purposes of this Act (Sections 48-50).
f. The Hindu Marriage Act, 1955 - Section 8 of the Hindu Marriage Act, 1955 lays down for
registration of marriages. Registration under this Act is to facilitate the person to have proof
of marriage by way of registration. The State Government has been empowered to make rules
for registration of the marriage.
g. The Foreign Marriage Act 1969 - This Act was enacted to facilitate solemnisation of civil
marriages by Indian citizens in foreign countries. Under section 3 of the Act, Marriage
Officers are to be appointed by the Central Government for this purpose, in its Diplomatic
Missions abroad. The Act provides that an Indian citizen may marry another Indian or a
foreigner. Like in the Special Marriage Act 1954, under this Act to solemnisation and
registration of marriages are parts of the same transaction. The procedure for solemnisation
and registration of such marriages is more or less the same as under the Special Marriage Act
1954. Marriage Certificate Books are to be maintained in all Diplomatic Missions. There is
no provision in this Act for transmission of records to any general registry of the country. It
also makes a provision for registration of pre-existing marriages solemnised in foreign
countries under the laws of those countries.
(ii) Developments in States and Union Territories in India

Abiding to the directions/ observations of the Supreme Court in Seema v. Ashwani

Kumar7many states have passed law or framed rules for compulsory registration of marriages
but these statutes don‟t make a compulsion. There just of obligatory in nature.

7
2006 (2) SCC 578.
 Chapter4

Judicial Pronouncements

The Supreme Court and the High Courts have time and again emphasised on the need to make
registration of marriages compulsory. The most notable decision came in Seema v. Ashwani
Kumar8 while dealing with the matter related to issue(s) of marriages observed as under:
“we are of the view that marriages of all persons who are citizens of India belonging to
various religions should be made compulsorily registerable in their respective States, where
the marriage is solemnised.”

Thus the Court directed that the States and the Central Governments to take the following
steps:
(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 open 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.”
The compliance of the above order by all States and Union Territories is yet to be reported.
The case has been listed 34 times. It was last listed on 21.3.2017. Many States and Union
Territories have filed affidavits reporting compliance of above directives and some are yet to
file as discussed in the previous chapter.

8
2006 (2) SCC 578.
In Kanagavalli v. Saroja9, the Madras High Court underlined the importance of registration
in providing security to women. It opined that if registration were compulsory, prosecution
for bigamy could be made easy. If a Hindu male contracts a second marriage and registers it,
at least the second wife will have as proof, the document to show that the marriage was
registered between her and the man. It remarked:
... non-registration of marriages has landed many women ... in a relationship which while
extracting from her, all the duties of a wife, leaves her with neither the right under law, nor
the recognition in society. In addition, the Hindu male is able to contract a second marriage
without any fear.
Similarly, in Baljit Kaur & Anr v. State of Punjab & Anr10, the Punjab and Haryana High
Court reiterated the ratio in Seema case and opined that making registration of marriage
compulsory would reduce the disputes related to solemnization of marriages.
It has been opined by the Kerala Court that an instruction that marriages solemnised between
persons belonging to different religion are not registrable under the Common Rules
formulated pursuant to the Supreme Court‟s decision in Seema Case is repugnant and
contrary to the provisions contained in the Rules.11 In S. Balakrishnan Pandiyan v. The
Superintendent of Police12, the high court emphasised that the Tamil Nadu Registration of
Marriages Act, 2009 is a secular law and it makes registration of marriages performed under
all religious faiths compulsory. It also held that the Registrars in the State of Tamil Nadu can
register the marriage without the presence of the parties, only under exceptional
circumstances, for reasons to be recorded in writing and not otherwise.
A registered marriage not only establishes the status of the spouse but also helps in
succession disputes. In Sushma W/o Hemantrao Bodas v. Malti W/o Madhukar Machil13, the
Bombay High Court on the basis of marriage certificate ruled in favour of a valid marriage.
The court also remarked that registration of marriage facilitates proof of marriage in
succession and other disputes.
These judgments indicate that the non-registration of marriage may lead to difficulties
particularly when matrimonial disputes arise. The National Commission of Women
recommended that women must insist on registering marriages to prevent cases of

9
AIR 2002 Mad 73
10
2008) 151 PLR 326
11
Deepu Dev v. State of Kerala AIR 2013 Ker 51.
12
(2014) 7 MLJ 651
13
2009 (111) Bom LR 3974
fraud.Compulsory registration of marriage seems a pragmatic solution in the light of these
cases.

Chapter-5
Need for a Central Legislation to Regulate Compulsory
Registration of Marriages

In perspective of the advancements that have occurred in the States and Union domains
concerning legislations on Compulsory Marriage Registration, the center inquiry for thought
emerges is with respect to whether there is a requirement for Central Legislation regarding
the matter? And assuming this is the case, at that point the following inquiry emerges with
respect to whether to seek after revisions in the Registration of Births and Deaths Act, 1969
according to the Registration of Births and Deaths (Amendment) Bill, 2015 or to consider a
different standalone legislation to accommodate obligatory registration of marriages is
required?

Before providing directions for the registration of marriages in Seema v. Ashwani Kumar14
the Supreme Court noted that, such a law would be of critical importance to various issues
such as:
(a) Prevention of child marriages and to ensure minimum age of marriage.
(b) Prevention of marriages without the consent of the parties.
(c) Check bigamy/polygamy
(d) Enabling married women to claim their right to live in the matrimonial house,
maintenance, etc.
(e) Enabling widows to claim their inheritance rights, other benefits and privileges which
they are entitled to after the death of their husband.
(f) Deterring men from deserting women after marriage.
(g) Deterring parents/guardians from indulging in trafficking of women to any person
including a foreigner, under the garb of marriage.
Further, the Supreme Court saw that however, the registration itself can't be a proof of
substantial marriage essentially, and would not be the determinative factor with respect to
legitimacy of a marriage, yet it has an extraordinary evidentiary incentive in the issues of

14
2006 (2) SCC 578.
 authority of youngsters, right of kids conceived from the wedlock of the two people whose
marriage is enrolled and the period of gatherings to the marriage. That being in this way, it
would be in light of a legitimate concern for the general public if registration of marriages is
made obligatorily. A ultimate object is to give an instrument to 'necessary registration of
marriages' which is being proposed for all natives of India independent of the religion or
standing of the gatherings, way, time or place of solemnisation of the marriage or
custom/establishment under which marriage is solemnized or individual laws of the
gatherings. The Registration of Births and Deaths Act, 1969 is managing just the registration
of births and death. Hence, it isn't alluring to have a different legislation for obligatory
registration of marriages as it may not fill any valuable need. This Bill will likewise be a
stage forward in making obvious the types of traditions and practices under which the
marriages are solemnized and the conflict of laws is not simply between different personal
laws but also various other enactments relating to child marriage, dowry prohibition and
medical termination of pregnancy among others. Thus while Bill does not aim at eliminating
the diversity of personal laws, or regional differences seeking merely the registration of
marriages regardless of the law under which the marriages are recognised or solemnised, it
recommends that these various overlapping and contradicting legislations be borne in mind
while framing the rules of registration.

Chapter-6

Conclusions and Recommendations

The benefits of registration of marriages have been talked in length in the paper. A substantial
number of nations have made registration of marriages mandatory. In India, in light of its size,
populace and the sheer assorted variety of standard types of marriages, it has frequently been
campaigned that such an undertaking to enrol all marriages would be troublesome. In any case,
the trouble in execution does not dominate the benefits of such an order. Once ordered, the
corrected law would empower better execution of numerous other common and additionally
criminal laws. It would give nationals, not new rights but rather better requirement of existing
rights under different family laws that give and give to secure numerous privileges of mates
inside a marriage. Registration of a marriage under any of the overall marriage Acts e.g. the
Indian Christian Marriages Act. 1872; the Kazis Act, 1880; the Anand Marriage Act, 1909; the
Parsi Marriage and Divorce Act, 1936; the Sharia Application
Act, 1937; Special Marriage Act, 1954; Hindu Marriage Act, 1955; some other custom or
individual law identifying with marriage will be satisfactory and a different standalone
legislation may not be required insofar as a correction is made to the Births, Deaths
Registration Act to incorporate Marriages.
Non registration of marriage affects women the most. Women most prominently victims of
bigamous relationships and property disputes face enormous hardship in establishing their
marriage as they have no proof of marriage. It has been seen in a number of cases of bigamy
that the wives are losing their cases by reason of their failure to prove the first or second
marriage of their husbands. Hence National Commission for Women has drafted a bill on
the COMPULSORY REGISTRATION OF MARRIAGES BILL, 2005 which has
following statement and purpose-
The Central Government has made it mandatory for all States to make compulsory birth
registration and also asked to legislate for compulsory registration of marriages. The
reasoning is that the States are in a better position to know the social structure and local
conditions prevailing in the respective states. Then applying the logic for mandatory birth
registration, the same should also apply making marriage registration compulsory for the
whole of India. In view of the above, there appears no reason as to why an Act providing for
compulsory registration of marriages should not be made applicable to the whole of India and
citizens of India living abroad. Hence the need for the Bill.
The commission has since its inception supported the need for registration of marriages as the
Commission felt that for women, registration of marriages is a critical issue and will help :-
6) To prevent child marriages and to ensure minimum age of marriage
7) To prevent polygamy, unless the same is permitted under any law or custom
8) To ensure that prior wives get notice of intended marriage;
9) Enable the married women including the women married to NRI/ foreigners to claim her
right to shelter and maintenance
10) Prevent the practice where men desert women after performing the marriage including
act as a deterrent to the practice of selling daughters to any person including a foreigner,
under the garb of marriage
Hence we can clearly see motive of the bill presented by National Commission for Women
which will fulfil the objectives of Seema v. Ashwani Kumar15 and will obviously add a new
dimension to marriages and crime related to it. It is high time that the government must

15
2006 (2) SCC 578.
surely and positively enact the recommendations of National Commission for Women on the
COMPULSORY REGISTRATION OF MARRIAGES BILL, 2005. The central legislation
will serve the purpose and tackles all the short comings of non-registration of marriage.

REFERENCES:

. THE HINDU MARRIAGE ACT, 1955

. THE SPECIAL MARRIAGE ACT, 1954
. DIWAN PARAS, MODERN HINDU LAW, ALLAHABAD LAW AGENCY,
FARIDABAD (HARYANA) : 2009

. LEXIS-NEXIS; NEW DELHI: 2005

.AGARWAL R.K. “HINDU LAW” , ENTRAL LAW AGENCY;ALLAHABAD:2011
.HTTP://LEGALDESK.COM/MARRIAGE/COMPULSORY-REGISTRATION-
MARRIAGE-INDIA

. HTTP://EN.INDIANHINDULAW

. LAWCOMISSIONOFINDIA.NIC.IN

.HTTP://WWW.THEHINDU.COM