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Looks like National Commission for
Women which said all marriages have to be registered irrespective of religion is
the problem. Their intention may be all good. But I put the Rs1000 only because
the report does not say or think anything about it. (Do you think it will
be less than that?) Somebody must think about the pros and cons. A Law may
look good, but if it is expensive to execute for millions of poor people, that
Law will not be implemented. Don't just think of the cities, think of the
villages. I don't see why all the villagers in India need to register for every
marriage simply to protect a tiny section of city dwellers where this problem
may be happening. Why a wife cannot get a Certificate from a Gaw Burah in
case of such requirement for the court?
I think our problem is the Indian
mindset.
RB
----- Original Message -----
Sent: Wednesday, February 15, 2006 8:20
AM
Subject: Re: [Assam] Marriage made at
registrar's -Telegraph
C'da
I am proud of you Rajen. Excellent
questions!. Where have you been all these months and years, NOT asking right
questions like this ? But better late than never.
He has always been here - you just didn't like his previous questions?
-:)
Barua,
>Who will pay for the Rs 1000
Registration Fee + Attorney's Fee for the millions >of poor
citizens?
The news item doesn't say anything about Rs.1000 fees or
registration?
But your point is well taken.
So, now the question is:
Should reforms (in this case a judicial reform) NOT be undertaken because
down the line some unscruplous middlemen will make money? Or stalled because
of corruption exists?
If that is the case C'da, your frequent demands for 'reforms' carry no
direction. On the one hand you demand reforms, while on the other you are
saying these attempts at reform are "More empowerment for corruption".
Reforms must go on, but corruption has to be battled on a different
front. Just because corruption is rampant, all attempts at reformation
can't be stopped.
--Ram
On 2/15/06, Chan
Mahanta <[EMAIL PROTECTED]> wrote:
I am proud of you Rajen. Excellent questions!. Where have you been all
these months and years, NOT asking right questions like this ? But better
late than never.
***Looks like a Bonanza for
some middlemen to make money.
Exactly! More empowerment for corruption, while making attempts at
looking like doing something effective or useful!
c :-)
At 7:42 AM -0600 2/15/06, Rajen Barua wrote:
Who will
pay for the Rs 1000 Registration Fee + Attorney's Fee for the millions of
poor citizens?
Will the
couple will have to apear in the court for registration?
Then
another wait for court dates?
What are
the scopes for loop holes and corruption?
Looks
like a Bonanza for some middlemen to make money.
Does the
registration mean some kind of identification of citizens in state like
Assam?
RB
----- Original Message -----
From: Ram
Sarangapani
To: ASSAMNET
Sent: Wednesday, February 15, 2006 12:09
AM
Subject: [Assam] Marriage made at registrar's
-Telegraph
At last, the courts have come in to make marriage
registration mandatory. Further, States (where registration
is not mandatory) have 3 months to get their act
together.
The Hindu Marriage Act, 1955,
empowers state governments to make registration compulsory to facilitate
documentary proof of marriages. The act, however, makes it clear that
non-registration should not affect the validity of a marriage.
Under the Special Marriage
Act, 1954, which can be used by citizens of all religions, registration
is mandatory. Likewise, the Indian Christian Marriage Act, 1872,
provides for entry in the register of the church where the union is
solemnised. In the case of Muslims, the nikaahnama records the
terms of marriage. - Telegraph
Obviously these did not protect
women and children, so the courts seem to made the apt
ruling.
This is interesting stuff. What
do netters think?
--Ram
______________________________________
Marriage made at registrar's
SINGH GYANANT KUMAR
New Delhi, Feb. 14: Marriages must be registered, the
Supreme Court ruled today in an order that seeks to protect women as
well as children and lay down the first uniform guideline to regulate
the cornerstone of the social system.
The court has directed the Centre and state governments to
make changes in rules to ensure that registration of marriages is made
compulsory. The order means Bengal, one of the states where registration
is not mandatory, has to amend rules.
Justices Arijit Passayat and S.H. Kapadia gave the Centre
and states three months to comply with the directive. The judges, who
asked the governments to seek opinion from the public, said the rules
should spell out the consequences of non-registration.
The ruling was based on a draft prepared by the National
Commission for Women which said all marriages have to be registered
irrespective of religion.
The court did not specifically mention whether all religions
will be covered - the details will be known once the written order is
made public.
The directive came on a petition regarding a marriage
dispute. The court enlarged the scope of the petition and sought the
views of the women's commission. In an affidavit, the commission had
said "non-registration of marriages affects women the most".
NCW chairperson Girija Vyas said today's directive would
help check social evils like child marriage. Sri Lanka saw a sharp fall
in such marriages after registration was made mandatory.
Vyas said the commission's draft bill provided for a simple
procedure which would neither interfere with personal laws nor hurt
religious sentiments. Qazis and pandits, she added, have been given the
power to register marriages.
She said the government should ensure there is a uniform law
throughout the country. Maharashtra, Karnataka, Himachal Pradesh and
Andhra Pradesh are among the states where registration of marriages is
compulsory.
The Hindu Marriage Act, 1955, empowers state governments to
make registration compulsory to facilitate documentary proof of
marriages. The act, however, makes it clear that non-registration should
not affect the validity of a marriage.
Under the Special Marriage Act, 1954, which can be used by
citizens of all religions, registration is mandatory. Likewise, the
Indian Christian Marriage Act, 1872, provides for entry in the register
of the church where the union is solemnised. In the case of Muslims, the
nikaahnama records the terms of marriage.
Legal experts said the rule would also help courts save time
to prove the authenticity of a marriage, spare a litigating spouse
harassment and decide inheritance rights. Advocate Abhishek Rai said
several cases of "bigamy" ended in acquittal because it was necessary
for the wife to prove that both the marriages were "valid and binding".
The experts said that living with a woman other than the
wife merely gave the latter a civil right to divorce and, therefore, it
was necessary to prove the fact of marriage to fix criminal liability on
a man.
![telegraphindia.co/19102583.gif]()
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