Aadhar Not Compulsory for Registration of Marriage, Govt. Authorities Must Spread Awareness

Must Read

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work,...

Follow us

CASE TITLE

Asif Iqbal v. Pio [2016 SCC Online CIC 11301, Decided On 01.04.2016]

FACTS

The appellant filed the RTI application seeking information about action taken on order dated 21.4.2014 about appointment of additional marriage officers. The CPIO gave information that the matter is being processed and is lying with concerned higher officers. The appellant filed appeal before the first appellate authority (FAA). FAA directed CPIO to provide the information on point 2 & 3. Dissatisfied, the appellant filed a second appeal before this Commission under section 19(3) of the RTI Act. The appellant submitted that the requirement of Aadhar card should not be made compulsory for marriage registration if there is an alternate id proof. The appellant stated that in the procedures for registering solemnization of marriage under Special Marriage Act makes Aadhar card a mandatory document for generating receipt for 30 days notice as options for other identity card is not available while applying online.

ISSUE

Whether Requisition of Adhaar Card should be a compulsory document for couple getting their marriage registered?

HELD

The Commission recommends that in pursuance to the landmark judgment, of the Constitution Bench of the Supreme Court which ruled that Aadhar card is not necessary for availing government scheme; the public authority and government should give widespread publicity through various media that Aadhar is not mandatory for the purpose of marriage registration scheme and also make necessary changes for online application for solemnization of marriage under Special Marriage Act.

LEARNING OUTCOME

Marriage under Special Marriage Act makes Aadhar card a mandatory document for generating receipt for 30 days notice as options for other identity card is not available while applying online. Hence women are finding it difficult to register their marriages. Women who are victims of bigamous relationships and inheritance related property disputes face enormous hardship in establishing their marriage as it will be difficult to prove ceremonies of marriage and the wives are losing cases by the only reason of not able to prove their marriage for it is not registered. compulsory registration of marriages would help tackle various women’s rights infringements such as child marriage, ensuring a minimum age, marriage without the consent, bigamous unions, besides a woman’s right to live in her marital home and receive maintenance stating that as it is compulsory to register marriage, the government should make a convenient and well manned infrastructure to facilitate the registration of all the marriages by appointing additional marriage officers and also that it should be the duty of government that all facilities are extended to make marriage registration a less cumbersome procedure.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work, except the drinking water component...

There Can Be No Leniency Shown To Appellant Who Pleaded To Reduce Sentence: Delhi High Court

Facts On 25.2.2016 the victim’s sister who was 13 years old was present with her sister who was 2 years old (victim) at their home....

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

More Articles Like This

- Advertisement -