Marriage Registration: Compulsory for prevention of frauds says Law Commission
In a landmark judgment, the Law Commission headed by Justice B. S. Chauhan has recommended compulsory registration of marriages within 30 days of the wedding in all Indian states to prevent fake marriages. For this purpose, the Law Commission has underlined the need for a uniform law. He said that defaulters shall be punished with a fine on per day basis for delay without reasonable cause.
The Commission has opined that it would be “desirable” to have a centralized national portal for maintenance of records of online registration of marriages. To facilitate the process, it has been recommended that availability of forms and documents in vernacular languages must be ensured to make the portal easily accessible to all citizens.
The Law Commission report reads, “If registration of marriage is linked to the unique identification number (UID), it would be possible to achieve universal tracing of records”.
The commission stated that marriage registration could be recorded in the Registration of Births and Deaths Act, 1969 by making a minor amendment in it.
Marriage registration brings in a number of benefits, which include:
- Easy legal proceedings in case of succession of property to the spouse.
- After dissolution of first marriage, a person is able to enter the matrimonial alliance for the second time.
- For the transfer of property or the custody of kids in case of legal separation, the court requires a certificate of marriage to be produced in the family court.
- In case one of the spouses is working abroad and wants to take along his/her partner then he/she will require the marriage certificate to obtain the work permit from the country’s consulate. The foreign embassies do not issue the work permit in the absence of a valid marriage certificate in these cases.
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