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Bill to amend Hindu, Christian marriage act introduced in LA
KT NEWS SERVICE. Dated: 4/3/2013 11:32:10 PM
JAMMU, Apr 3: The Minister for Law & Parliamentary Affairs, Mir Saifullah today
introduced Bill providing to amend the Jammu and Kashmir Hindu Marriage Act, 1980 and the Jammu and Kashmir Christian Marriage and Divorce Act, 1957 (III of 1957) in the House.
The Law minister explaining the statements of objects and reasons informed the House that Supreme Court of India in Transfer Petition (Civil) No. 291/2005 titled Seema versus Ashwani Kumar had directed that marriages of all persons who are citizens of India, belonging to various religions, shall be compulsorily registered in their respective States and for that purpose rules are required to be framed by the States. However, for framing of rules, certain necessary amendments are required to be made in the Jammu and Kashmir Hindu Marriage Act, 1980 and the Jammu and Kashmir Christian Marriage and Divorce Act, 1957 regarding age of bride and bridegroom as eighteen years and twenty-one years respectively so that there is no conflict between age of marriage prescribed under the Act and the rules made there under.
Further, section 6 of the Jammu and Kashmir Hindu Marriage Act, 1980, providing for guardianship in marriage, is sought to be deleted and section 12 of the Act is proposed to be amended so as to provide that marriage of minor shall be voidable, he informed.
He told that the penalty for non- registration of marriage under section 34 is sought to be enhanced from twenty-five rupees to five hundred rupees. Further, the period for filing appeal under the Act is proposed to be enhanced from thirty days to ninety days.
In Christian Marriage and Divorce Act, 1957, section 17 of the Act is sought to be amended to provide for declaration by one of the persons intending marriage that he or she believes that there is no impediment in marriage. Sections 18, 19, 20, 42, 43, 45, 46 and clause (c) of section 41, providing for guardianship in case of marriage of minor, is sought to be deleted and adding that Section 21 by the said Act was sought to be substituted so as to provide that in case of any of party to marriage is minor, certificate of marriage shall not be issued, he said. The Bill seeks to achieve the said objectives.