Smt. Seema vs Ashwani Kumar Case

 On 14th February, 2006, a Division Bench in Smt. Seema vs Ashwani Kumar (Transfer Petition (C) No. 291 of 2005) held that “marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective States, where the marriage is solemnized” and accordingly passed directions to the Centre and the States. “If the record of marriage is kept, to a large extent, the dispute concerning solemnization of marriages between two persons is avoided”, the Bench said. It was clarified though, “that the registration itself cannot be a 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.”

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