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Marriage registration made easy


5 Votes | Average: 3.6 out of 55 Votes | Average: 3.6 out of 55 Votes | Average: 3.6 out of 55 Votes | Average: 3.6 out of 55 Votes | Average: 3.6 out of 5 (5 votes, average: 3.6 out of 5)
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Marriage Registration HERE’S SOME good news for couples who have migrated to Delhi and are planning to get married. In a significant order, the Delhi High Court has struck down as unconstitutional the rule that registration of marriages could be effected in Delhi only if at least one of the parties/ parents is resi­dent of the Capital.

The court called the stipulation in the Delhi Hindu Marriage Registration Rules ultra vires(fallacious). The rule says that “one of the parties or his/her parents should be residing within the jurisdiction of the Registrar, for more than thirty days”.

“The binding position of law laid down by the Supreme Court are bound to apply to this
position of law which would lead to the invalidity of the clause. We are of the view that
this court has no option but to strike down the impugned provision,” a Division Bench
comprising Justices Mukul Mudgal and J. P Singh said ordering the Office of Register of Marriages to register the marriage of one Vikram Aditya Singh.

The couple approached the court after running from pillar to post to get their marriage registered as this rule came in the way. The hurdle— parent of the boy and the girl were re­siding in Noida and Jaipur respectively The Registrar declined to register their marriage citing the clause. The Registrar at Noida also turned them back saying the marriage was not sol­emnized within his jurisdiction. Simi­lar fate met them when they ap­proached the Registrar at Jaipur. The couple was in a hurry as they were soon expecting a child and non-registration may create problems for seeking a pass­port for the new-born. The baby had to be taken to Maldives where they were working.

The Bench upheld the contention of their lawyer V P. Singh that the Supreme Court, while interpreting the Hindu Marriage Act in a case, had held that marriage should be registered in the state where it was solemnized and consequently, no rule or a form could stipulate terms contrary to the said binding position of law.
“We hold that the amendment to the Delhi Hindu Marriage rules cannot be so interpreted as to deny the registra­tion of the marriages of parties whose marriage is solemnized in Delhi whether or not the parties to the mar­riage or their parents are residents of Delhi,” the judges said.

Harish V.Nair
New Delhi, Oct 16
Source: Hindustan Times
  

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Responses to Marriage registration made easy

  1. 1 J J

    i am in love with a girl. she is a citizen of malaysia..
    her parents are not accepting..

    now we want to marry in india..
    whats the way to marry her inindia ??? any idea ?

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