Law panel wants marriage registration to be compulsory to prevent frauds

Batting for making registration of marriages compulsory, the Law Commission on Tuesday said this will help prevent “marriage fraud” and protect women often denied the status of a wife due to absence of matrimonial records.

In its report submitted to the Law Ministry on Tuesday, the panel said in the absence of compulsory registration, women are duped into marrying without performance of the conditions of a valid marriage.

“This deprives women of societal recognition and legal security. Such fraudulent marriages are especially on rise among non-resident Indians. Compulsory registration can serve as a means to ensure that conditions of a valid marriage have been performed,” the report said.

The panel, which advises the government on complex legal issues, said it is of the opinion that compulsory registration of marriages is a “necessary reform”.

It said a minor amendment to the Registration of Births and Deaths Act, 1969 by including the provision of compulsory registration of marriage would serve the purpose. It made it clear that there is no need to amend the personal laws dealing with marriages.

The report pointed out that the courts have time and again emphasised on making registration of marriage compulsory to prevent denial of status to women and to children born out of wedlock.

“Instances of marriage fraud have also come to light in recent times. In the absence of compulsory registration, women are duped into marrying without performance of the conditions of a valid marriage,” it said.