SUSAN MATHEW Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE issue in the present writ petition is with regard to the registration of Christian marriages. The petitioner appearing in person states that she got married on 02.03.2014 as per Christian Customs and ceremonies in the presence of the family members and close relatives of both the parties. It has been submitted that her marriage was recorded at Corner Stone A.G. Church, Heerapura where a register -of Christian's marriage is maintained and certificate thereof issued. The marriage of the petitioner is required to be registered under the Indian Christian Marriage Act, 1872 (hereinafter 'the Act of 1872'). The Hon'ble Apex Court in the case of Seema v. Ashwani Kumar, : 2006 (2) SCC 578 has mandated that all the hetro sexual marriages in the Country irrespective of the religion of the couple are to be registered. The petitioner submits that under Sec. 7 of the Act of 1872 the State Government indeed has the power to appoint one or more Marriage Registrar/s. Section 7 of the Act of 1872 also provides that where there is a vacancy on the post of a Marriage Registrar for whatsoever reason, the Magistrate of the district shall act as a Marriage Registrar for the period of vacancy. No such Marriage Registrar has in recent memory been appointed under Sec. 7 of the Act of 1872 nor the District Magistrate acted as one to supply the vacancy. The registration of Christian marriages was by practice and convention over the last several years if not decades being done by Zonal Magistrate of Municipalities where the Christian Marriages took place. But since coming into force of the Rajasthan Compulsory Registration of Marriages Act, 2009 (hereinafter 'the Act of 2009'), the Zonal Commissioners of the concerned municipalities in the State of Rajasthan are not registering Christian marriages on the ground that Section 20 of the Rajasthan Compulsory Registration of Marriages Act, 2009 (hereinafter 'the Act of 2009') prohibits them. Section 20 of the Act of 2009 provides as under:

(2.) THE petitioner submits that she is not seeking registration of her marriage by the Zonal Commissioner, Jaipur Municipal Corporation under the Act of 2009 but in terms of the guidelines issued by the Jaipur Municipal Corporation with reference to the judgment of the Hon'ble Apex Court in the case of Seema v. Ashwani Kumar (supra) and available on the Jaipur Municipal Corporation's website which mandates that the registration of marriages of all kinds within their jurisdiction shall be done by the Zonal Commissioners. It has been submitted that in -fact the Zonal Commissioners of the concerned Municipalities had indeed been registering Christian Marriages under the Act of 1872 and there is no reason for denying the registration of Christian Marriages by such Commissioners only because of the promulgation of the Act of 2009 when the registration sought is not under the Act of 2009 but the Act of 1872 under the Jaipur Municipal Corporation's own guidelines issued in compliance with the Hon'ble Apex Court's Judgment in the case of Seema v. Ashwani Kumar (supra).

(3.) MR . Inderjeet Singh -learned AAG with Mr. Dharmendra Pareek appears for the respondent State and stated with reference to registration of Christian Marriages in the State of Rajasthan that the State Government's view is that subsequent to the promulgation of the Act of 2009, Christian Marriages cannot be registered by the Zonal Commissioner in the Jaipur Municipal Corporation or other Municipalities but are to be registered under Sec. 7 of the Act of 1872. He submits that even though in the recent past, Christian Marriages were indeed registered by the Zonal Commissioners/Commissioner of the respective municipalities within which the Christian Marriages were performed, now the State Government's view is that Christian Marriages are to be registered by the Marriage Registrars appointed under Sec. 7 of the Act of 1872 or in the absence of such Marriage Registrars by the District Magistrate on the concerned district.