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

Must Read

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court...

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

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

Supreme Court: Urgent and Immediate Reforms Needed in the Legal Education Due To Mushrooming of Law Schools

The Supreme Court, on Saturday, said that there is an urgent need for reforming the legal education in the country as its quality is being affected due to the ‘mushrooming’ of Law Colleges.

Delhi High Court Ruled Disclosure of Interest in Information Sought Under Rti Act Necessary to Establish Bonafides of Applicant

The Delhi HC opined that disclosure of the interest of information is necessary for the information sought under the RTI Act for establishing bonafide...

More Articles Like This

- Advertisement -