HC asks govt for regulations on marriage registration

MUMBAI, JAN 13: With a view to curbing illegal activities of fly-by-night marriage bureaus in the state, the Bombay High Court today dire...

MUMBAI, JAN 13: With a view to curbing illegal activities of fly-by-night marriage bureaus in the state, the Bombay High Court today directed the state government to draft regulations necessitating registration of marriages in the presence of the registrar.

The division bench of Acting Chief Justice Ashok Agarwal and Justice A P Shah today directed government pleader R V Govilkar to draft minutes laying down conditions for registration of marriages. The bench suggested the government should direct that presence of both the spouses will be necessary at the time of registration. Second, presence of witnesses from both sides will be necessary. Third, registrar will verify whether the marriage had in fact taken place in accordance with the personal law applicable to the spouses. He will specifically mention, in a special column, the presence of the spouses before issuance of marriage certificate. The minutes are to be presented before the bench tomorrow, so that formal orders can be passed by the court.

The court directions come in the wake of a public interest petition filed by social organisation Majlis Manch. In January 1997, the petitioner had driven the attention of the court towards the `quick’ marriages conducted by the marriage `bureaus’ (karyalaya) at Anant Kanekar Marg opposite Bandra Court. After hearing the petitions, the court had directed raids on such bureaus. However, these marriage bureaus are still functioning, claim the petitioners.

When the petition came up for hearing today, government pleader told the court the state legislature is about to enact a new law making registration of marriages compulsory. As per the new law, registration of marriage bureaus will also be compulsory. Moreover, marriage will have to be registered within 90 days of the formal marriage ceremony. The bill introducing these changes has been passed by the lower house of the legislature in the recent legislature session at Nagpur. The court today observed that the above-mentioned directions will hold until the new Act comes into force.

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