Anand Marriage Act, 1909 – s.6 – Effective implementation of s.6 – General directions to all respondent States and Union Territories:
Held: i) Every respondent that has not yet notified rules u/s. 6 of the Act shall do so within four months from today – The rules shall be published in the Official Gazette and laid before the State Legislature in terms of s.6(4) of the Act; ii) With immediate effect and until such rules are notified, each respondent shall ensure that marriages solemnised by Anand Karaj are received for registration under the prevailing marriage registration framework without discrimination – Where the parties so request, the registering authority shall record in the certificate that the marriage was solemnised by the Anand Karaj rite; iii) Respondents that have already notified rules u/s. 6 of the Act shall continue to operate them – Within three months, they shall issue a clarificatory circular to all registering authorities and publish on the official portal the applicable forms, fees, documents required, and timelines, and shall ensure availability of certified extracts in terms of s.6(2) of the Act; (iv) Every respondent shall designate a Secretary-level Nodal Officer to oversee compliance with this order, to issue any consequential administrative directions and address any grievances; (v) The Respondent no.1, Union of India, shall act as the coordinating authority – It shall circulate model rules compiled from jurisdictions that have already notified s.6 rules to any State or Union Territory that seeks guidance; (vi) Moreover, it is made clear that no application for registration of an Anand Karaj marriage or for a certified extract shall be refused on the sole ground that rules u/s. 6 of the Act have not yet been notified – Any refusal shall be reasoned in writing and shall remain amenable to remedies in law. [Para 12]
Anand Marriage Act, 1909 – s.6 – Goa, Daman and Diu (Administration) Act, 1962 – Specific directions for respondent no.17, State of Goa:
Held: i) As an interim measure, the State shall ensure that all Civil Registration Offices receive and process, without discrimination, applications for registration of marriages solemnised by Anand Karaj under the existing civil registration framework; (ii) The Union of India shall issue an appropriate notification u/s. 6 of the Goa, Daman and Diu (Administration) Act, 1962 extending the Anand Marriage Act, 1909 to the State of Goa; (iii) Upon such extension, the State of Goa shall frame and notify rules u/s. 6 of the Act within four months of the Union’s notification, publish them in the Official Gazette, and issue a circular to all Civil Registrars for immediate implementation; (iv) It is needless to say that the general directions shall apply to the State of Goa mutatis mutandis. [Para 13] Constitution of India – Art. 371F(n) – Anand Marriage Act, 1909 – s.6 – Specific directions for respondent no.14, State of Sikkim:
Held: i) As an interim measure, the State shall ensure that all registering authorities receive and process, without discrimination, applications for registration of marriages solemnised by Anand Karaj under the existing Rules to provide for registration and solemnization of a Form of Marriage in Sikkim (1963) – Where the parties so request, the register and the certificate shall record that the marriage was solemnised by the Anand Karaj rite; ii) The State shall issue a circular to all registering authorities clarifying the above, specifying the documents required and timelines for issuance of certificates, and ensuring availability of certified extracts in terms of the prevailing rules; iii) The Union of India shall consider and place before the competent authority a proposal for extension of the Anand Marriage Act, 1909 to the State of Sikkim under Article 371F(n) of the Constitution of India, with such restrictions or modifications as may be warranted; iv) Upon such extension, the State of Sikkim shall frame and notify rules u/s. 6 of the Anand Marriage Act, 1909 within four months of the notification, publish them in the Official Gazette, and issue a circular for immediate implementation; v) It is needless to say that the general directions shall apply to the State of Sikkim mutatis mutandis. [Para 14]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.