REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) No. 291 OF 2005

Seema ….Appellant

Versus

Ashwani Kumar …..Respondent

JUDGMENT

DR. ARIJIT PASAYAT, J.

1. 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.”

2. 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.

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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

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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.

3. List after four months.

                        ……………… ….....................J.

        (Dr. ARIJIT PASAYAT)              

       …………………

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……................J.     (P. SATHASIVAM)  

New Delhi, July 9, 2008

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