CASE TITLE

Asif Iqbal v. Pio [2016 SCC Online CIC 11301, Decided On 01.04.2016]

FACTS

The appellant filed the RTI application seeking information about action taken on order dated 21.4.2014 about appointment of additional marriage officers. The CPIO gave information that the matter is being processed and is lying with concerned higher officers. The appellant filed appeal before the first appellate authority (FAA). FAA directed CPIO to provide the information on point 2 & 3. Dissatisfied, the appellant filed a second appeal before this Commission under section 19(3) of the RTI Act. The appellant submitted that the requirement of Aadhar card should not be made compulsory for marriage registration if there is an alternate id proof. The appellant stated that in the procedures for registering solemnization of marriage under Special Marriage Act makes Aadhar card a mandatory document for generating receipt for 30 days notice as options for other identity card is not available while applying online.

ISSUE

Whether Requisition of Adhaar Card should be a compulsory document for couple getting their marriage registered?

HELD

The Commission recommends that in pursuance to the landmark judgment, of the Constitution Bench of the Supreme Court which ruled that Aadhar card is not necessary for availing government scheme; the public authority and government should give widespread publicity through various media that Aadhar is not mandatory for the purpose of marriage registration scheme and also make necessary changes for online application for solemnization of marriage under Special Marriage Act.

LEARNING OUTCOME

Marriage under Special Marriage Act makes Aadhar card a mandatory document for generating receipt for 30 days notice as options for other identity card is not available while applying online. Hence women are finding it difficult to register their marriages. Women who are victims of bigamous relationships and inheritance related property disputes face enormous hardship in establishing their marriage as it will be difficult to prove ceremonies of marriage and the wives are losing cases by the only reason of not able to prove their marriage for it is not registered. compulsory registration of marriages would help tackle various women’s rights infringements such as child marriage, ensuring a minimum age, marriage without the consent, bigamous unions, besides a woman’s right to live in her marital home and receive maintenance stating that as it is compulsory to register marriage, the government should make a convenient and well manned infrastructure to facilitate the registration of all the marriages by appointing additional marriage officers and also that it should be the duty of government that all facilities are extended to make marriage registration a less cumbersome procedure.

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