By Kanu Sarda, IANS
New Delhi : Ritu and Manish, who tied the knot in an Arya Samaj temple, will have to register their wedding with the registrar general of Delhi.
Though their Arya Samaj wedding was legal, the Delhi Registration of Marriages Bill, to be passed by the assembly next year, will make it mandatory for couples in the capital to register their weddings.
“This is a very good step by the government because women or men who are abandoned by their partners will now have proof of their marriage and can take legal course of action,” said Ramesh Gupta, a lawyer.
According to the Delhi Registration of Marriages Bill, 2007, marriage certificate will become a compulsory document for including the spouse’s name in the ration card and no employer can offer a job to any married individual without verifying his/her marriage certificate.
Failing to register the marriage can lead to imprisonment for a year or a fine, depending on the duration of delay. A late fee will also be imposed on couples.
“Ours is a love marriage and since we did not want to spend money on solemnising the marriage, we thought getting married at the Arya Samaj Mandir would be a decent option,” Manish said.
But with the Registration of Marriages Act, Manish and Ritu will have to register themselves.
“I support this step of the government for the registration of marriages but it should also come out with a way for working couples who can’t afford to stand in long queues for getting the certificate,” said Ritu, an employee in an MNC in Delhi.
Though the Hindu Marriage Act of 1955 does not make registration of marriage compulsory, Section 8(2) of the act empowers the state to do so.
A registrar general of marriages for Delhi would be appointed by the government, who would act as the chief executive authority for executing provisions of the act.
Delhi, the national capital, is home to over 1.5 million people and every year thousands of marriages are solemnised.
The Delhi government’s move this month comes exactly three months after the apex court directed all states and union territories to bring a suitable legislation to make registration of marriage compulsory.
At present only four states – namely Maharashtra, Gujarat, Karnataka and Himachal Pradesh – have enacted laws for compulsory registration of marriages.
An official source told IANS: “While a copy of the registration will be given to the couple, the original document will be retained at the office of the respective sub-registrar. This will enable the enforcing authorities to take action against those violating the rule.”
Many widows are unable to stake claim to the vast property left behind by their husbands simply because their marriage is not on record.
“Once the woman becomes a widow, the family members of the husband simply disown her and thereby absolve her of all rights to inherit the husband’s property. When birth and death can be registered, why not marriage?” argues Ravinder Raj, a lawyer.
Said lawyer Kamal Singh Pundhir: “The government’s move will also prevent polygamy because a man will think twice before entering into matrimony a second time illegally. Often enough neither police nor women’s organisations are able to take any action against such men because there is no proof of their marriage. Once this law comes into force, women can demand registration of their marriage.”