Registration of marriage may soon be made compulsory for the newly-married and non-registration of marriage will fetch them a fine of Rs 1,000 in the national Capital. In order to comply with a Supreme Court order for registration of marriage within 60 days, Delhi Government’s Revenue Department has sent a proposal to the lieutenant-Governor Najeeb Jung for issuance of order for making marriage registration compulsory in the national Capital. The order is likely to be expected within two-three days.
Top sources told The Pioneer that a proposal to this effect has been sent to the lieutenant-Governor. The department is waiting an order from the Raj Niwas order pertaining to this issue. As per the proposal of the Revenue Department, all marriages taking place in the city will have to be registered with the concerned authorities.
The Delhi Registration of Marriage Bill 2012, which has been referred to the Select Committee of Delhi Assembly, lapsed last year as the Committee has failed to submit its recommendations. The Bill was referred to the Select Committee after reservations by the minority community on some provisions of the Act.
As per draft of the order which sent to Raj Niwas for approval, it provides for compulsory registration of all marriages solemnized in Delhi within 60 days from the date of marriage. Failure to apply for registration of a marriage shall invite penalty of Rs 1,000. The Bill proposes Rs 10 for registration form and Rs 50 for registration within prescribed days. As per the order, all marriages taking place in the city will have to be registered with the concerned authorities “Any person secreting, destroying or dishonestly or fraudulently altering the marriage register or any part thereof shall on conviction be punished with imprisonment for a term which may extend to one year and shall also be liable to fine,” it said.
At present, there is no such law to provide for compulsory registration of marriages in the country except four States — Maharashtra, Gujarat, Karnataka and Himachal Pradesh — which have enacted laws for compulsory registrations of marriages. The proposal for uniform Central law for the country has been pending for the last 15 years and it has been seen that many times unscrupulous husbands altogether deny marriage leaving their wives in the lurch be it for seeking maintenance, custody of children or inheritance of property. It is learnt that the making marriage registration compulsory would be able to overcome the cases of child marriage, bigamy or polygamy and help women to exercise their right of maintenance from the husband and custody of children and enable widows to claim inheritance.
India has a plural system of laws where four major communities have their religion based Personal laws, Hindu, Muslim, Christian and Parsi. However, there are number of legislations on the issue in the country, cutting across community lines. Under the Special Marriage Act, 1954, which is valid for any Indian citizen, irrespective of religion, each marriage is registered by marriage officers specially appointed for the purpose.
Registration of marriage is compulsory under the Indian Christian Marriages Act, 1872. Under the Act, entries are made in the marriage register of the church, soon after the ceremony, along with the signatures of the bridegroom, the bride, the officiating priest and witnesses. Parsi Marriage and Divorce Act, 1936 makes necessary Registration of Marriages. In Muslim law, a marriage is regarded as a civil contract and the qazi, or officiating priest, also records the terms of the marriage in a nikahnama, which is handed over to the married couple.
Under Section 8 of the Hindu Marriage Act 1954, there exists a provision for registration of marriages. However, it’s left to the contracting parties to either solemnize the marriage before the sub-registrar or register it after performing the ceremony in conformity with Hindu beliefs.
The Delhi Registration of Marriage Bill 2012 that approved by the Delhi Government, provides power to Registrar of Marriage to make correction or cancellation of entry in the marriage register. On registration of foreign marriages and marriage of foreign national, the Bill says if a marriage is solemnised in a foreign country by Indian national or either of them is an Indian normally residing in Delhi preceding his or her marriage, such marriage may be registered.