Bring law for compulsory registration of all marriages: SC

The directives were passed in February last year on a transfer petition wherein the Court said that such registration is necessary to avoid any dispute concerning solemnisation of marriage between two persons as it provides an unrebuttable presumption of the marriage having taken place.

Agreeing with the views of National Commission for Women (NCW) that registration would help prevent child marriages, deter men from deserting their wives and ensure maintenance and inheritance rights to women, the Court said that in most cases, non registration of marriages affects the women to a great measure and it would be in the interest of the society if marriages are compulsorily registered.

“Though the registration itself cannot be a proof for a valid marriage per se, and would not be the determinative factor regarding validity of a marriage, yet it has a great evidentiary value in matters of custody of children, right of children born from the wedlock of the two persons whose marriage is registered and the age of parties to the marriage,” it said.

In July this year, the Court again asked all the states to comply with the directive on a uniform basis as several states only made laws for mandatory registration under the Hindu Marriage Act, leaving Muslims, Christians and other communities out of its ambit.