Source: Rajasthan High Court

Why in News?

Recently, the High Court of Rajasthan in the matter of Smt. Ashwani Sharad Pendese & Anr. v. Registrar of Hindu Marriage & Anr. has stated that the denial of registration of a marriage under the Hindu Marriage Act, 1955 (HMA) merely on the ground that one or both of them are foreign nationals is not justified.

What was the Background of Smt. Ashwani Sharad Pendese & Anr. v. Registrar of Hindu Marriage & Anr. Case?

• In this case, the petitioners (husband and wife) are claiming themselves a Hindu married couple and wife is a resident of India, while husband is a resident of Belgium.
• They have performed the marriage as per the Hindu rites and rituals on 18^th January 2010.
• The Registrar has refused to register their marriage by observing that their marriage cannot be registered because the husband is a Foreign National and he is not a resident of India.
• Thereafter, the petitioners have filed a writ petition before the High Court of Rajasthan for directing the Registrar of Marriage to register their marriage and issue a marriage certificate to them.
• While allowing the plea, the High Court directed the marriage registrar to issue the couple a marriage certificate.

What were the Court’s Observations?

• The single-judge bench of Justice Anoop Kumar Dhand observed that denial of registration of a marriage on the ground that one or both of them are foreign nationals is not justified.
• The Court further held that the respondents cannot refuse to register the marriage of the petitioners only because the husband is a foreigner and is not a citizen of India. If the petitioners submit valid proof about their marriage, in terms of the provisions contained under HMA, the respondents are supposed to register their marriage with immediate effect without any further delay.
• It was further states that Section 8 of HMA deals with the process of Registration of Hindu Marriages. But it has nowhere mentioned that a foreign national Hindu cannot get his marriage registered in India, if he/she has solemnized marriage, as per the requirement of HMA.
• The Court also directed the officials of the State and respondents to take steps for editing the requirement on the e-portal under the HMA to ensure that the requirement of the parties being citizens of India is not insisted upon, if the parties concerned submit a valid proof of their marriage strictly in accordance with law.

What is Section 8 of HMA?

About:

• This section deals with registration of Hindu marriages. It states that —

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

Case Law:

• In the case of Bhumika Mohan Jaisinghani & Anr. V. Registrar of Marriage & Ors. (2019), one spouse was citizen of Canada and other another spouse was a resident of Britain. Both of them online applied for registration of their marriage but the software did not accept their application because they were not citizen of India. The Delhi High Court not only directed the Registrar of Marriages to register the marriage of the two foreigners (not citizens of India) but also directed the authorities for taking necessary steps for modification of the software, which was being used for registration of marriages and issuance of certificates.