SMT. SEEMA versus ASHWANI KUMAR

Citation: [2006] 2 S.C.R. 220 · Decided: 14-02-2006 · Supreme Court of India · Bench: ARIJIT PASAYAT, S.H. KAPADIA

Judgment (excerpt)

A 
SMT. SEEMA 
v. 
ASHWANI KUMAR 
FEBRUARY 14, 2006 
B 
[ARIJIT PASA Y AT AND S.H. KAPADIA, JJ.] 
Family Law: 
Registration of marriage-Marriages of all Indian citizens, irrespective 
C of religion-Held: Made compulsorily registrable-States and Central 
Governments directed to take steps. 
While hearing a transfer petition, this Court noted that in large 
number of cases some unscrupulous persons are denying the existence of 
D marriage taking advantage of the situation that in most of the States there 
is no official record of the marriage. 
Notices were issued to various States and Union Territories to assist 
the Court in laying down guidelines in the matter of registration of 
marriages. All the States and the Union Territories indicated their stand 
E that registration of marriages is highly desirable. 
Directing the States and Central Government to take steps for 
registration of marriages, the Court 
HELD: Registration of marriage is not compulsory in several States, 
F although most of the States have framed rules regarding registration of 
marriages. If the record of marriage is kept, to a large extent, the dispute 
concerning solemnization of marriages between two persons is avoided. 
If the marriage is registered it also provides evidence of the marriage 
having taken place and would provide a rebuttable presumption of the 
marriage having taken place. Though, the registration itself cannot be a 
G proof of valid marriage per se, and would not be the determinative factor 
regarding validity of a marriage, yet it has a great evidentiary value in 
the 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. That being so, it would be in the interest of society that 
H 
220 
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SMT. SEEMA v. ASHWANI KUMAR [PASA Y AT. J.] 
221 
marriages of all persons who are citizens of India belonging to various A 
religions should be made compulsorily registrable in their respective 
States, where the marriage is solemnized. 1225-G-H; 226-A-BI 
CIVIL ORIGINAL JURISDICTION : Transfeer Petition (C) No. 291 
of 2005. 
Under Section 25 of the Code of Civil Procedure for transfer of 
Matrimonial Suit No. 104 of2004 pending in the Court of Additional District 
Judge, Delhi. 
B 
G.E. Vahanvati, S.G., Ranjit Kumar Balraj Dewan, Mukesh Shanna, 
Manish Shankar, Pankaj K. Singh, Yash Pal Dhingra, S.W.A. Qadri, C 
Aruneshwar Gupta, Rajeev Kumar Dubey, V.G: Pragasam, Mrs. Anil Katiyar, 
Gopal Singh, Rituraj Biswas, Tara Chand Shanna, Ms. Neelam Shanna, K.R. 
Sasiprabhu, Balaraj, B., J.S. Attri, Ms. Shivani Thakur, Mrs. D. Bharathi 
Reddy, Nikhal Shakad Danda, Mrs. Nandini Gore, Gopal Prasad, Ajay Sharma, 
Rajeev Sharma, Ms. Kamini Jaiswal, Ms. Sunita Diwedi, Ms. Shamita Bakshi, D 
Ms. Rani, Ranjan Mukherjee, Manjeet Singh, Mrs. Vivekta Singh, Harikesh 
Singh, T.V. George, Sanjay R. Hegde, Anil K. Mishra, A. Rohen Singh, Ravi 
P. Mehrotra, Garvesh Kabra, Ms. Supama Srivastava, Ms. Deepti Singh, 
Rajesh Srivastava, Ms. Sunita Shanna, D.S. Mahara and K.H. Nobin Singh 
for the appearing parties. 
The Judgment of the Court was delivered by 
E 
ARIJIT PASA YAT, J. The origin of marriage amongst Aryans in 
India, as noted in Mayne's Hindu Law and Usage, as amongst other ancient 
peoples is a matter for the Science ·of anthropology. From the very 
commence~ent of the Rigvedic age, marriage was a well-established F 
.-J, 
institution, and the Aryans ideal of marriage was very high. 
The Convention on the Elimination of All Fonns of Discrimination 
Against Women (in short 'CEDA W') was adopted in 1979 by the United 
Nations General Assembly. India was a signatory to the Convention on 30th 
July, 1980 and ratified on 9th July, 1993 with two.Declaratory Statements G 
and one Reservation. Article 16(2) of the Convention says "though India 
,.A 
agreed on principle that compulsory registration of marriages is highly 
desirable, it was said as follows: 
'"It is not practical in a vast country like India with its variety of H 
A 
222 
SUPREME COURT REPORTS 
[2006] 2 S.C.R. 
customs, religions and level of literacy· and has expn:ssed reservation 
to this very clause to make registration of marriage compulsory". 
While a transfer petition was being heard it was noted with concern 
that in large number of cases some unscrupulous persons are denying the 
existence of marriage taking advantage of the situation that in most of the 
B States there is no of

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