SEEMA
A
v.
ASHW ANI KUMAR
APRIL 15, 2005
[ARIJIT PASAYAT ANO S.H. KAPADIA, JJ.)
B
Family Law:
Record of marriages-Dates of marriages and parties to marriage-
Record of-To be kept by official to be auhorised by State Government- C
Necessity of Legislation-Court suggesting State Governments to consider
issuing of executive instructions which may be made enforceable in terms of
orders of Supreme Court, till suitable legislation in this regard is made-
Legislation-Necessity of-Suggested
CIVIL ORIGINAL JURISDICTION : Transfer Petition (C) No. 29 I of D
2005.
Balraj Dewan for the Petitioner.
The following Proceeding/Order of the Court was delivered :
ORDER
Issue notice.
Issue notice on the application for ex-parte stay also.
There shall be interim stay of proceedings in Matrimonial Suit No. 104
of 2004 entitled Ashwani Kumar v. Seema, pending before Learned Addi.
District Judge, Delhi.
E
F
During the hearing of this petition, it appeared to us that in the absence
of records relating to dates of marriages and parties to the marriage, problems. G
come up which have far-reaching consequences. We, therefore, request learned
Solicitor General to consider whether Government orders by way of executive
instructins can be issued, on the basis of directions of this Court, to various
States and Union Territories to authorise officials specifically to keep record
649.
H
650
SUPREME COURT REPORTS
[2005) 3 S.C.R.
A of marriages so that they can be placed as evidence in different proceedings
if the necessity arises. Learned Solicitor General submitted that there may be
necessity of a suitable legislation in this regard as the Government Orders/
executive instructions may not suffer. We are of the view that until a suitable
legislation is made, the Government Order/executive instructions can. be made
B enforceable in terms of the orders of this Court. These may be implemented
where there is no statutory prescription for recording/registering the marriage,
and may be done as an additional measure when there is any such prescription.
We have also requested Mr. Ranjit Kumar, Sr. Adv. to assist us in this
matter. If learned Solicitor General feels and if so advised, he may require
C the State Governments regard and the Union Territories to place their views
in this regard before him and this Court so that appropriate directions can be
issued. A copy of our order be handed over to learned Solicitor General and
Mr. Ranjit Kumar, Sr. Adv. for necessary steps in this matter.
R.P.
Notice issued.
Lex