In Smt. Seema Vs. Ashwani Kumar [AIR 2006 SC 1158], the Supreme Court opined that marriages should be compulsorily registered and directed the State Governments to enact a law for compulsory registration of marriages. The reason for such a direction is evident from the following passage from the said judgment:
“15. As is evident from narration of facts, though most of the States have framed rules regarding registration of marriages, registration of marriage is not compulsory in several States. If the record of marriage is kept, to a large extent, the dispute concerning solemnisation of marriages between two persons is avoided. As rightly contended by the National Commission, in most cases non-registration of marriages affects the women to a great measure. If the marriage is registered it also provides evidence of the marriage having taken place and would provide a rebuttable presumption of the marriage having taken place. Though, 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. That being so, it would in the interest of the society if marriages are made compulsorily registrable.”
