Marriage Registration: Presence of both parties to marriage before local Registrar not necessary: Hindu Marriage Act, section 8:

The question raised in this writ petition was whether both
the parties to a marriage have to be present in person before the authority for
registration of the marriage under the Common Rules.

The marriage of the petitioner was solemnized on 8.3.2009.
The couple submitted the memorandum for registration of their marriage,
prescribed under the Common Rules, before the local registrar. The petitioner
says that the certificate of marriage issued by the religious authority
concerned as document of proof of the marriage and other relevant materials were
produced along with the memorandum. The husband of the petitioner returned to a
foreign country where he works. The petitioner complains that the local
registrar was insisting on the presence of both the parties to the marriage for
registration.

The respondents submitted that the insistence on the presence
of both the parties to the marriage was only to exclude possible fraud.

The court observed that a record of marriages is kept so that
to a large extent disputes concerning solemnisation of marriages could be
avoided. Rule 6 of the Common Rules states that all marriages solemnised in the
state, after the commencement of the Rules, shall compulsorily be registered,
irrespective of the religion of the parties. Therefore, the Common Rules, in no
manner, deal with solemnisation of marriage but only provide for registration of
marriages which are solemnised otherwise. As regards a marriage solemnised as
per religious rites, a copy of the certificate of marriage issued by the
religious authority concerned may be a document of proof of the marriage.
According to Rule 9 (1) of the Common Rules, the parties to a marriage are
required to prepare a memorandum in a prescribed form and submit the same to the
local registrar within a period of forty-five days from the date of
solemnisation of their marriage. The memorandum for registration of the marriage
is required to be accompanied by certain documents and a prescribed registration
fee. Rule 10 provides for registration of a marriage after one year on payment
of a fine, etc. Rule 11 provides that on receipt of the memorandum, the local
registrar shall verify the entries in the memorandum for its accuracy and
completeness and enter the particulars thereof in the Register of Marriages
(Common), to be maintained in the prescribed form. Issuance of the certificate
of marriage, etc. follows. The Common Rules do not specifically provide for the
appearance of both the parties to the marriage before the local registrar for
the purpose of submitting the memorandum for registration of marriage or for any
other purpose. The provisions clearly show that the presence of both the parties
to the marriage is not necessary.

In view of the provisions in Rule 9 of the Common Rules, there was no
compulsion that both the parties to the marriage should be present before the
local registrar. The registration, under the Common Rules, cannot constitute a
marriage; such registration is intended only to evidence a marriage which has
been solemnised otherwise.