HC issues directive on marriage registration
MADURAI, FEBRUARY 05, 2019 00:00 IST
Says physical presence of parties necessary
The Madurai Bench of the Madras High Court has directed the Inspector General of Registration to issue circular to all Registrars of marriages in the State highlighting that the physical presence of the parties to marriage is necessary for registration of marriage.
A Division Bench of Justices K.K. Sasidharan and P.D. Audikesavalu observed that the physical presence of the parties to marriage was necessary for the registration of their marriage. It shall be incumbent upon the parties applying for the registration of marriage to establish that the marriage between them was performed in accordance with their personal laws, custom, usage or tradition.
If any one of the parties could not be present, the Registrar would have to record the reasons in writing in the event of accepting the exemption. However, if the mandatory requirements were not complied with, then disciplinary action could be initiated against such a Registrar, the court said.
The court was hearing a public interest litigation petition filed in 2016 by advocate A. Kannan who sought a direction to the Registrars of marriages to not register marriages that were solemnised in derogation of personal laws. He also sought a direction to take disciplinary action against advocates who gave certificates of solemnisation of marriages in violation of the Tamil Nadu Registration of Marriages Act, 2009.
The Madras High Court, in 2014, had held that a marriage performed in secrecy at the advocates’ chamber would not amount to solemnisation and no marriage could be conducted under the Act without the physical presence of parties to marriage before the Registrar of marriages, except under exceptional circumstances after recording the reasons.
MADURAI, FEBRUARY 05, 2019 00:00 IST
Says physical presence of parties necessary
The Madurai Bench of the Madras High Court has directed the Inspector General of Registration to issue circular to all Registrars of marriages in the State highlighting that the physical presence of the parties to marriage is necessary for registration of marriage.
A Division Bench of Justices K.K. Sasidharan and P.D. Audikesavalu observed that the physical presence of the parties to marriage was necessary for the registration of their marriage. It shall be incumbent upon the parties applying for the registration of marriage to establish that the marriage between them was performed in accordance with their personal laws, custom, usage or tradition.
If any one of the parties could not be present, the Registrar would have to record the reasons in writing in the event of accepting the exemption. However, if the mandatory requirements were not complied with, then disciplinary action could be initiated against such a Registrar, the court said.
The court was hearing a public interest litigation petition filed in 2016 by advocate A. Kannan who sought a direction to the Registrars of marriages to not register marriages that were solemnised in derogation of personal laws. He also sought a direction to take disciplinary action against advocates who gave certificates of solemnisation of marriages in violation of the Tamil Nadu Registration of Marriages Act, 2009.
The Madras High Court, in 2014, had held that a marriage performed in secrecy at the advocates’ chamber would not amount to solemnisation and no marriage could be conducted under the Act without the physical presence of parties to marriage before the Registrar of marriages, except under exceptional circumstances after recording the reasons.
No comments:
Post a Comment