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october 2007

Supreme Court of India · 2007-10-25

Smt. Seema vs Ashwani Kumar

Citation / case number
AIRONLINE 2007 SC 234
Court
Supreme Court of India
Petitioner
Smt. Seema
Respondent
Ashwani Kumar
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court reaffirmed the necessity of compulsory marriage registration as a measure to combat child marriage, referencing the Constitution of India, particularly Entries 5 and 30 of List II of the Seventh Schedule. The Court highlighted that registration falls under 'vital statistics' and noted existing statutes that mandate marriage registration across various states, including the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955. The judgment emphasizes that while some laws allow for voluntary registration, the overarching principle is that compulsory registration is essential for legal recognition and protection of marriages.

Smt. Seema vs Ashwani Kumar · Niyam