This article has been written by Navita from Rajiv Gandhi National University of Law, Punjab

Edited and published by Risha Fatema

Introduction

Marriage, a fundamental institution in society, holds great significance in the lives of individuals, particularly women, and children. Yet, in India, the lack of marriage registration and documentation poses a formidable challenge, frequently denying women their rightful status as wives and children the recognition they deserve. In India, not recognizing unregistered marriage as valid would be highly unsuitable, as many marriages commonly take place informally in gatherings of relatives, with or without the presence of priests, or in any other customary manner that must also be recognized as valid. Customary practices are so prolific and personal law systems also prevail making it necessary for the law to accept cultural and regional diversity.

This research paper delves into the compelling need for compulsory marriage registration in India, a nation characterized by its cultural diversity and varied personal law systems. The absence of this vital registration process not only paves the way for fraudulent marriages, particularly among Non-Resident Indians (NRI’s) but also robs women of their public respect and legal security. The courts have underscored the significance of mandatory registration as a means to preclude the refusal of status and the denial of rights to women and children born out of unregistered unions. This article explores the compelling arguments for making marriage registration compulsory, addressing the legal, social, and cultural aspects of this issue.

By making unregistered marriages subject to small penalties, this research paper argues for a system that not only encourages registration but also safeguards the rights and responsibilities of spouses, especially in cases of abandonment and second marriages. In the context of India’s unique cultural and regional diversity, the need for compulsory marriage registration is evident, seeking to balance traditional and contemporary legal frameworks, and ultimately, to ensure the protection of women and children within the institution of marriage.

EXISTING LEGISLATIONS PERTAINING TO MARRIAGE REGISTRATION

Existing Central Legislation on Marriage Registration in India encompasses various acts that address marriage registration for different communities and religious groups. These acts have distinct provisions and requirements, shaping the landscape of marriage registration across the country.

1. The Hindu Marriage Act, 1955

Marriage registration for Hindus is governed under Section 8 of the Hindu Marriage Act, 1955. The purpose of registration under this Act is to make it easier for a person to get evidence of marriage by registration, and registration is not compulsory. The Provincial Government has now been given the authority to establish rules for marriage registration. No person is appointed as per the act for reporting the marriage to register the marriage.

2. The Special Marriage Act, 1954

The Special Marriage Act of 1954, which was initially created to allow cross-community weddings, is available to every Indian citizen, regardless of their faith. Under the Special Marriage Act, 1954, marriage registration is the most important and essential condition. As per Section 5 of the act, if parties intend to marry under this act, then parties to the marriage must give notice to the marriage register in writing as per the form in the Second Schedule of the act. Under Sections 11 and 15 of the Act, marriages are recorded by the Marriage Officer, appointed under Section 3 of the Act. As per sections 48 and 49 of the act, Marriage records are sent to the Registrar-General of Births, Deaths, and Marriages on a regular basis by all Marriage Officers.

3. The Parsi Marriage and Divorce Act, 1936

As per Section 3(1)(b) of this Act, no marriage shall be legal unless it is solemnized by a priest in the presence of two Parsi witnesses other than the priest in the Parsi form of ceremony known as “Ashirvad.” Section 6 of the Act requires priests to send the certificate of marriage as prescribed in the Second Schedule of the act to the Registrars appointed under the Act on a regular basis which is certified by the officiating priest immediately on the solemnization of marriage. On the contrary Section 6 is a punishable offence with simple imprisonment of up to three months, or with a fine of up to a hundred rupees, or with both under Section 12 of the Act. The Provincial Government will appoint Registrars for various locations, and they will be obligated by Section 9 of the Act to transfer all the certificate records to the Registrar General of Births, Deaths, and Marriages. As per the Parsi Marriage and Divorce Act, 1936, marriage is compulsorily registered.

4. ​The Kazis Act, 1880

Marriages are performed by religious leaders known as “kazi” amongst Indian Muslims. The Act permits governments to designate kazis to aid Muslims with marriage ceremonies, amongst other things. As per section 2 of the act, Kazi is appointed by the state government for any local area after consulting with the Muhammadan residents of the local area. Under section 3 of the act, Kazi can appoint the Naib Kazi to act in his place. Section 4 of the Act states that the participation of a State-appointed kazi is not required for any Muslim marriage. The kazi drafts a nikah nama, which contains specific details of the marriage parties and is signed by both of them and two witnesses, before or shortly after the “nikah” ceremony. The “nikah-nama” is authenticated by the kazi’s signature and seal, and protects a copy in their records. It is not mandatory under the act, for sending the record of marriage by the kazi to the Registrar General of Births, Deaths, and Marriages.

5. The Indian Christian Marriage Act, 1872

Sections 27-37 of Part IV of the Act have detailed provisions for registering marriages performed by Ministers and Clergymen. As per sections 29, 30, and 31 of the act, each marriage solemnized by a Clergyman of the Church of England, Rome, and Scotland respectively shall send one copy of the return of entries to the Registrar General of Births, Deaths, and Marriages. As per section 34, each marriage solemnized by any person who has received episcopal ordination, other than a Clergyman of the Church of England, or of the Church of Rome, or by any Minister of Religion licensed under this Act shall submit a marriage certificate to the senior marriage registrar who shall send all the certificate to the Registrar General of Births, Deaths, and Marriages.

6. ​The Foreign Marriage Act, 1969

This Act was passed to make it easier for Indian nationals to marry in foreign countries. Marriage Officers are to be designated by the Central Government from its Diplomatic Offices overseas for this function, according to Section 3 of the Act. According to the Act, an Indian citizen can marry another Indian citizen or a foreign citizen. As with the Special Marriage Act of 1954, the solemnization and registration of marriages are part of the same procedure under this Act.

This Act makes no framework for the transmission of records to the country’s national registry. However, the registration of marriage is compulsory in the presence of the Marriage Officer.

7. Compulsory Registration of Marriages law in States

Bihar, Chhattisgarh, Madhya Pradesh, Andhra Pradesh, Delhi, Haryana, Kerala, Meghalaya, Mizoram, Odisha, Punjab, Rajasthan, Tamil Nadu, Tripura, Uttarakhand, and Uttar Pradesh.

These diverse pieces of legislation reflect India’s rich cultural and religious diversity, with varying degrees of emphasis on voluntary and compulsory marriage registration based on community and faith, further emphasizing the need for comprehensive reform in this area to ensure uniform registration practices across the nation.

JUDICIAL DECISIONS

Judicial decisions in India, particularly those from the Supreme Court and various High Courts, have consistently highlighted the crucial importance of mandatory marriage registration. These decisions underscore the significance of such registration in safeguarding the welfare and rights of women and addressing various issues related to marriages in the country.

The Supreme Court and the High Courts have often emphasized the importance of mandatory marriage registration. In Kanagavalli v. Saroja, the Madras High Court emphasized the significance of marriage registration in ensuring women’s welfare.

It is suggested that making registration mandatory would simplify the prosecution of bigamy, as in cases where a Hindu person enters into a second marriage and registers it, at least the second spouse would obtain a certificate proving the recorded marriage… Furthermore, the court pointed out that Hindu men can contract second marriages without fear of legal repercussions if these marriages are unregistered.

Failure to register marriages has resulted in numerous women finding themselves in relationships where they fulfil all the duties of a wife but have neither the legal rights nor the societal recognition of such a status. This situation can lead to profound injustices when a husband secretly marries another person in a different location without informing his first wife. Years later, when the second or third wife appears, the first wife may lose her legal and societal rights as a wife. This complex scenario underscores the need for mandatory marriage registration to prevent such injustices and ensure the legal protection of women in such situations.

The landmark judgment in Seema v. Ashwani Kumar was a pivotal moment in addressing the issue of marriage registration in India. The court, in this case, firmly asserted that marriages of all individuals who are citizens of India, irrespective of their religious affiliations, should be made mandatorily registrable in the respective states where the marriage is solemnized. Such a stance aimed to promote consistency and legal protection in the registration of marriages across the country, ensuring that no one could evade the requirement for registration based on their religious identity.

In Baljit Kaur & Anr v. State of Punjab & Anr, the Punjab and Haryana High Court reaffirmed its decision in the Seema case, concluding that implementing marriage registration mandatory will lessen disputes over marriage ceremonies. In Deepu Dev v. State of Kerala, the Kerala Court ruled that an order that marriages solemnized between people of different religions are not registrable underneath the Common Rules adopted in response to the Supreme Court’s judgment in the Seema Case is derogatory and contradictory to the clause of the Laws.

These decisions show that not registering a marriage can cause problems, especially when matrimonial conflicts develop. To reduce incidences of fraud, the National Commission on Women urged that women insist on recording weddings. In light of these cases, mandatory marriage registration appears to be a rational solution to many issues.

(a) ​Prevention of child marriages and ensuring the minimum age of marriage:

Compulsory marriage registration serves as a significant tool in preventing child marriages and ensuring that individuals are married at the legally prescribed minimum age. Without registration, it becomes easier for child marriages to go unnoticed, as there is no official record of the union. For instance, in India, the Prohibition of Child Marriage Act, 2006, sets the legal minimum age for marriage at 18 for females and 21 for males. Without registration, it becomes challenging to verify the ages of those involved. By requiring registration, authorities can ascertain that individuals are of legal age before sanctioning their marriage. In Lajja Devi v. State NCT of Delhi, it was observed that if implemented properly, it would discourage parents from marrying off their minor children since a written document of their ages would prove the illegality of such marriages. This would probably be able to tackle the sensitive issue of minor marriages upheld by personal laws.

(b) Checking bigamy and polygamy:

Bigamy and polygamy are illegal practices in many countries. Registration helps in preventing these practices by creating a legal record of each marriage. When marriages are registered, it is straightforward to detect if an individual is already married before entering into another marriage. For example, if a husband marries a second wife in a different location without the knowledge of his first wife, registration would make it easier for the first wife to claim her rights and challenge the second marriage legally.

(c) ​Enabling married women to claim their right to live in the matrimonial house, maintenance:

Compulsory registration is essential in protecting the rights of married women. Without registration, women may face difficulties in asserting their rights, particularly with regard to living in the matrimonial house and receiving maintenance. If a husband abandons his wife or denies her these rights, registration provides a legal document proving the marriage, making it easier for the wife to seek legal remedies. For instance, a wife abandoned by her husband can use the marriage certificate to demand her right to maintenance.

(d) ​Enabling widows to claim their inheritance rights, other benefits, and privileges:

After the death of a husband, widows are entitled to inherit his property and claim various benefits and privileges. Registration plays a crucial role in enabling widows to assert these rights. If a marriage is unregistered, a widow might face difficulties in proving her status and claiming her inheritance, family pension, bank deposits, or life insurance benefits. Registration provides the necessary evidence to secure these rights and to secure financial well-being.

(e) ​Deterring men from deserting women after marriage:

The fear of facing legal consequences, including responsibilities towards one’s spouse and children, can deter men from deserting their wives after marriage. Registration holds individuals accountable for their marital obligations and responsibilities. It discourages husbands from abandoning their wives, as doing so would be legally documented.

(f) ​Deterring parents and guardians from trafficking women under the guise of marriage:

Compulsory registration is an effective tool in deterring parents or guardians from trafficking women or girls under the pretext of marriage. Traffickers often exploit the lack of documentation in unregistered marriages. Registration ensures that authorities can monitor and verify the legitimacy of marriages, preventing such exploitation.

(g) ​Visa and Residency Applications:

When discussing mandatory marriage registration, the importance of international recognition cannot be overstated. Compulsory registration ensures that marriages are officially documented, providing the necessary proof for visa and residency applications. For instance, if an Indian citizen wishes to join their spouse in a foreign country, the marriage certificate is a crucial document required by immigration authorities to verify the authenticity of the marital relationship. This highlights the global relevance of compulsory registration in facilitating international movement and reunification of families.

(h) Property Ownership:

Marriage certificates play a vital role in property transactions. Compulsory registration ensures that couples, regardless of their background, can easily register property under joint ownership. For instance, if a husband and wife decide to purchase a house together, their marriage certificate serves as proof of their legal status as a married couple. This not only secures their property rights but also simplifies the legal process, fostering a more secure environment for real estate transactions.

(i) Name Change, Passport, and Bank Account:

Compulsory registration is vital when discussing practical matters like name changes and official documentation. For example, after marriage, individuals often wish to change their name, apply for a passport, or open a joint bank account. A marriage certificate serves as the formal proof of marriage necessary for these administrative processes, emphasizing the real-world impact of mandatory registration on individuals’ lives.

Thus, compulsory marriage registration not only formalizes marriages but also serves as a protective measure against various forms of abuse, exploitation, and legal violations. By addressing real-life challenges and situations, it becomes evident that marriage registration is instrumental in upholding the rights and well-being of individuals, particularly women and vulnerable populations. Women are the most common victims of polygamous unions and civil disputes, among other things, and they confront enormous difficulties in proving their marriage. Even in some cases, the wife filed forged bigamous and cruelty cases against the husband and the husband faced enormous difficulties while facing criminal trial. In essence, compulsory marriage registration ensures that marriages are recognized and documented for a wide range of practical reasons, from international mobility and property rights to legal proceedings, financial security, and personal documentation.

Given the country’s cultural richness, states under Entry 30, List-3, Schedule 7 of the Indian Constitution have the power to make laws on the registration of marriages. Henceforth, it has become imperative to adopt legislation to protect the rights of husband and wife and to prevent child marriages of young girls to anyone, even foreigners, under the guise of marriage and prohibit forged cases.

EFFORTS TO PROMOTE COMPULSORY REGISTRATION

Efforts to Promote Compulsory Marriage Registration in India have been a subject of ongoing legal and social discourse, aimed at addressing the issues stemming from the non-registration of marriages. The historical backdrop of this endeavour reveals a journey marked by legislative amendments, international commitments, and recommendations from various bodies.

The Births, Deaths, and Marriages Registration Act, 1886, was a significant step in the direction of marriage registration in India. However, its application was limited to specific communities, including the Christian and Parsi communities, as well as marriages under the Special Marriage Act. Unfortunately, these revisions did not extend to encompass all residents of the country, thereby falling short of becoming a comprehensive national law.

A pivotal moment in India’s commitment to address this issue came in 1980 when the country adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which it subsequently ratified on July 9, 1993. As a signatory to this convention, India was obligated to submit periodic reports to the CEDAW to assess its progress in eliminating gender-based discrimination. In 1998, India submitted its first report, and in 2012, the combined fourth and fifth periodic reports were presented. The CEDAW Committee’s final conclusions on this report, issued in 2014, emphasized the need for India to swiftly enact laws mandating the compulsory registration of all marriages. Furthermore, the Committee requested that India reconsider its reservation to Article 16(2) of the Convention, which India had invoked on the grounds that making marriage registration compulsory was impractical due to India’s vast diversity of customs, religions, and literacy levels.

In response to these pressing concerns, the National Commission of Women (NCW) took a proactive step by drafting the “Compulsory Registration of Marriage Bill” in 2005. This bill aimed to provide a specific solution to the myriad issues arising from the non-registration of marriages. Building on the proposals put forth in the NCW Bill, the Committee on the Empowerment of Women in 2007 concluded that marriage registration should be made mandatory for all residents of India, regardless of their religious affiliations. The Committee’s study placed special emphasis on the suffering of Indian women who found themselves in situations where their husbands, in many cases, refused to acknowledge their previous marriages before entering into second marriages or abandoned their former spouses entirely, thereby avoiding responsibilities such as spousal support.

The Committee on the Empowerment of Women called for the simplification of the registration process, making it more affordable and inclusive. This recommendation highlighted the urgent need to address issues related to marriage registration and the legal recognition of marriages in India.

In the 211^th Report, the Law Commission of India proposed the enactment of a “Marriage and Divorce Registration Act” that would be applicable throughout India and to all residents. The proposal included the repeal of the Births and Deaths Registration Act of 1886, replacing it with the “Births, Deaths, and Marriages Registration Act of 2012,” with the goal of extending the scope of marriage registration.

In 2012, a bill was introduced to amend the Registration of Births and Deaths Act of 1969 to make marriage registration mandatory for all, irrespective of their religious beliefs. On August 13, 2013, the Rajya Sabha, the upper house of the Indian Parliament, passed the Amendment Bill of 2012. However, this bill faced challenges and was unable to be debated in the Lok Sabha, the lower house of Parliament. Unfortunately, it lapsed with the dissolution of the 15th Lok Sabha on February 21, 2014.

In July 2017, under the chairmanship of Justice B.S. Chauhan, the 270^th Report titled “Compulsory Registration of Marriages” was published, suggesting amendments to the Registration of Births and Deaths Act, 1969, to enforce the compulsory registration of marriages. The proposed amendments would make marriage registration mandatory for all marriages solemnized between parties belonging to any religion, caste, or tribe, demonstrating a significant step towards achieving a comprehensive, inclusive, and uniform system of marriage registration in India. These recommendations, rooted in the nation’s social and legal landscape, reflect a sustained effort to promote the compulsory registration of marriages, ensuring legal protection and recognition for women and their families.

COMPLEX LEGAL LANDSCAPE OF MARRIAGE REGISTRATION IN INDIA

The legal landscape in India regarding the minimum age for marriage and the registration of marriages is indeed complex due to the coexistence of various personal laws and central legislation. The conflicting provisions regarding the legal age of marriage have given rise to considerable uncertainty. Some sections of these laws indicate specific minimum ages for marriage, but they do not consistently define the status of such marriages or the consequences of non-compliance.

The Special Marriage Act, Section 5(iii) of the Hindu Marriage Act, 1955, and Section 2(a) of the Prohibition of Child Marriage Act, 2006 stipulate 18 and 21 as the minimum age for women and men. However, when it comes to the status of this marriage, there is much ambiguity.

According to Sections 11 and 12 of the Hindu Marriage Act 1955, marriages in which one or more parties are minors are lawful and punishable by a monetary fine. Whereas as per Section 3 of the Prohibition of Child Marriage Act, marriage is voidable at the option of a minor. The presence of these contradictory provisions highlights the confusion surrounding the legal status of these marriages. There is also a question of guardianship, where the laws are unclear on the point as to whether the husband can be a guardian of the wife, according to Section 6 of the Hindu Minority and Guardianship Act, 1956, when he has not yet attained the age of majority.

The situation becomes even more intricate when considering Muslim personal law, as it recognizes the marriage of a minor who has reached puberty as valid. Puberty and majority are considered synonymous under Muslim Law, where the presumption is that a person attains majority at the age of 15. However, ambiguity remains in determining the age of puberty within Muslim law. However, the Hedaya, a legal manual in Islamic law, specifies that the earliest age for a boy is 12 years and for a girl, it’s 9 years. Among the Hanafi school of thought, the majority is presumed to be achieved at the completion of 15 years, unless there’s evidence to show that puberty was attained earlier. In the case of Shia females, puberty begins with menstruation, further complicating the age determination. In NabadSadiq Ali Khan v. Jai Kishori, the court held that puberty starts at nine for girls.

This ambiguity calls for comprehensive legislation to address the registration of marriages. The recommendation made by the Commission is that instead of a standalone law, the existing 1969 Act should be amended to serve as a guiding principle for states to develop their own marriage registration laws under Entry 5 of the Concurrent List of the Seventh Schedule to the Indian Constitution. This approach takes into account the country’s vast population and the diverse customary forms of marriage.

The absence of a clear legal status for child marriages raises the question of whether the law should tacitly condone child marriages by allowing the registration of such “valid marriages” under different personal laws or if it should withhold registration, thereby discouraging these unions and regulating the issue more effectively. The recommendation from the Lajja Devi case emphasizes that mandatory registration could discourage parents from marrying off minor children, as the written documentation of their ages would expose the illegality of such unions. However, in the absence of a clear status for child marriages – be it void, voidable or valid – the required age for registration is a question that needs to be decided and answered by comparing the freedom and protection given to age relaxations under all personal law and the social responsibility of bringing reform through law.

The conflict of laws is not confined to personal laws alone; it extends to other enactments relating to child marriage, dowry prohibition, medical termination of pregnancy, and more. The diverse legal provisions have created a web of legal complexities that must be considered when framing rules for marriage registration. While the legislative intent isn’t to eliminate the diversity of personal laws or regional differences and merely seeks to introduce registration of marriages regardless of the law under which they are recognized or solemnized, it’s crucial to consider the impact of these overlapping and conflicting legislations when framing rules for marriage registration.

For instance, the Medical Termination of Pregnancy Act 1971 provides that the pregnancy of a woman, who has not attained the age of 18 years shall not be terminated except with the consent in writing of her guardian. Similarly, the Dowry Prohibition Act 1961 also acknowledges that marriages take place when parties are under 18, and this leads to provisions regarding dowry being held in trust. Further, even under Criminal law while sections 375, and 376 Indian Penal Code 1861, consider sexual intercourse with a minor as rape, they also contain the exception that ‘Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape’. Thus, the age of consent is 16, and the age for marriage is 18, however, if married, consent for sexual intercourse is deemed at 15. Under the Age of Consent Act, 1891, the age of consent for sexual intercourse for all girls, married or unmarried was raised from ten to twelve years in all jurisdictions and its violation was subject to criminal prosecution as rape. The Protection of Children from sexual offences, Act 2012 defines a child as below 18 years of age.

Instances of marriage fraud have been on the rise, particularly among nonresident Indians. Without compulsory registration, women can be deceived into marriages that do not fulfil the conditions of a valid marriage, which not only robs them of societal recognition but also legal security.

Compulsory registration can act as a safeguard to ensure that the necessary conditions for a valid marriage have been met, protecting the rights and interests of individuals. Additionally, registration of marriages could contribute to the more effective implementation of existing laws aimed at preventing child marriage and other harmful practices, with the broader goal of achieving gender equality and empowering women in Indian society.

CONCLUSIONS

In conclusion, the imperative of compulsory marriage registration in India cannot be overstated. This research has shed light on the multifaceted significance of this crucial reform, emphasizing its potential to protect the rights and welfare of individuals, particularly women and children, while also serving as a deterrent against fraudulent marriages and illegal practices. The recommendations put forth, including the provision for Registrars to suo-moto register marriages, active involvement of local bodies, mandatory marriage certificate production, and the creation of a unified database, collectively work towards a more comprehensive and inclusive marriage registration system. Furthermore, the adoption of complete automation and paperless documentation aligns with the evolving digital landscape, enhancing efficiency and accessibility. India’s unique cultural and regional diversity demands a balanced approach that respects traditional customs while embracing contemporary legal frameworks. Compulsory marriage registration paves the way for a fair and equitable society, ensuring that no one is denied the recognition and rights they rightfully deserve within the institution of marriage.

In line with the Punjab Compulsory Registration Act, 2012, it is suggested that a provision be incorporated into the Central Act, enabling Registrars to enter and register marriages that take place in their jurisdiction or involve parties with permanent residence within the jurisdiction.

This provision should allow Registrars to register marriages either suo-moto or upon receiving notice, after verifying the required facts for such registration. This proactive approach ensures that marriages do not go unregistered, contributing to the broader goal of comprehensive marriage registration.

To promote compulsory marriage registration at the grassroots level, Village Panchayats, local civil bodies, and municipalities should take an active role in creating awareness and enforcing registration with local administration. It is recommended that producing a marriage certificate should be made mandatory in various applications, such as those involving the names of spouses for government benefits or welfare schemes. This approach not only encourages registration but also streamlines administrative processes and ensures that the benefits of marriage are accessible to all.

Additionally, the creation of a unified database that consolidates birth, marriage, and death records is essential. This integrated database simplifies record tracing, making it easier to access and manage vital records. Such a database would provide a holistic view of demographic information and facilitate administrative efficiency.

The Law Commission of India emphasizes the necessity of compulsory marriage registration and recommends suitable amendments to the Registration of Births and Deaths Act, 1969. These amendments should extend the Act’s scope to include compulsory marriage registration. The Commission further advises the adoption of a comprehensive automation process, minimizing paper documentation wherever possible. By embracing a paperless system, India can streamline the registration process, improve data accuracy, and make registration more accessible to its vast population. This modernization is essential to ensure the success of compulsory marriage registration and its potential benefits in securing the rights and recognition of individuals within the institution of marriage.

References

[1] Kanagavalli v. Saroja, AIR 2002 Mad 73

[2] The Hindu Marriage Act, 1955, No. 25, Acts of Parliament, 1955 (India).

[3] The Special Marriage Act,1954, No. 43, Acts of Parliament, 1954 (India).

[4] The Parsi Marriage and Divorce Act, 1936, No. 3, Acts of Parliament, 1936 (India).

[5] The Ka’zi’s Act, 1880, No. 12, Acts of Parliament, 1880 (India).

[6] The Indian Christian Marriage Act, 1872, No. 15, Acts of Parliament, 1872 (India).

[7] The Foreign Marriage Act, 1969, No. 33, Acts of Parliament, 1969 (India).

[8] Seema v. Ashwani Kumar, (2006) 2 SCC 578.

[9] Baljit Kaur & Anr v. State of Punjab & Anr, (2008) 151 PLR 326.

[10] Deepu Dev v. State of Kerala, AIR 2013 Ker 51.

[11] Census 2011

[12] The Births, Deaths and Marriages Registration Act, 1886, No. 6, Acts of Parliament, 1880 (India).

[13] National Commission for Women, Draft on the Compulsory Registration of Marriages Bill, 2005

[14] Committee on Empowerment of Women (2006-2007), Ministry of Overseas Indian Affairs and Ministry of External Affairs (Fourteenth Lok Sabha) “Twelfth Report on the Plight of Indian Women deserted by NRI Husbands” (Aug. 2007).

[15] Law Commission of India, “211th Report on Laws on Registration of Marriage and Divorce – A proposal for Consolidation and Reform” (Oct., 2008).

[16] https://prsindia.org/billtrack

[17] Law Commission of India, “205th Report on Compulsory Registration of Marriages” (July 2017)

[18] (1928) 30 BOMLR 1346.

[19] Krishnadas Rajagopal, “In the Database: On Registration of Marriages A Case for Making Registration of All Marriages Compulsory”

[20] Biswajit Ghosh, “Child Marriage, Society and the Law: A Study in a Rural Context in West Bengal, India” 25(2) International Journal of Law, Policy and the Family 199 (2011).

[21] The Punjab Compulsory Registration of Marriages Act, 2012. Act 1 of 2013.