NDLI: Seema Vs. Ashwani Kumar

Seema Vs. Ashwani Kumar

Content Provider: Supreme Court of India

Please Log-in to view this content

If you are not a registered user, please register first and then use the e-mail id and password to log-in.

Advisory jurisdiction

Arbitration petition

Civil miscellaneous petition

Contempt petition civil

Contempt petition criminal

Criminal appeal

Criminal miscellaneous petition

Curative petition Criminal

Curative petition civil

Death reference case

Disciplinary jurisdiction

Election petition civil

Habeas corpus petition

Miscellaneous application

Review petition civil

Review petition criminal

Special leave petition civil

Special leave petition criminal

Special reference case

Suo moto contempt petition civil

Suo moto contempt petition criminal

Suo moto transfer petition civil

Suo moto transfer petition criminal

Suo moto writ petition civil

Suo moto writ petition criminal

Tax reference case

Transfer petition criminal

Transferred case civil

Transferred case criminal

Writ petition civil

Writ petition criminal

Seema Vs. Ashwani Kumar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Family Law: Record of marriage
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case Type	Transfer Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Family Law: Record of marriages-Dates of marriages and parties to marriage-Record of-To be kept by official to be authorised by State Government- Necessity of Legislation-Court suggesting State Governments to consider issuing of executive instructions which may be made enforceable in terms of orders of Supreme Court, till suitable legislation in this regard is made Legislation-Necessity of-Suggested CIVIL ORIGINAL JURISDICTION : Transfer Petition (C) No. 29 I of D 2005. Balraj Dewan for the Petitioner. The following Proceeding/Order of the Court was delivered : ORDER Issue notice. Issue notice on the application for ex-parte stay also. There shall be interim stay of proceedings in Matrimonial Suit No. 104 of 2004 entitled Ashwani Kumar v. Seema, pending before Learned Addi. District Judge, Delhi. During the hearing of this petition, it appeared to us that in the absence of records relating to dates of marriages and parties to the marriage, problems come up which have far-reaching consequences. We, therefore, request learned Solicitor General to consider whether Government orders by way of executive instructions can be issued, on the basis of directions of this Court, to various States and Union Territories to authorise officials specifically to keep record of marriages so that they can be placed as evidence in different proceedings if the necessity arises. Learned Solicitor General submitted that there may be necessity of a suitable legislation in this regard as the Government Orders/ executive instructions may not suffer. We are of the view that until a suitable legislation is made, the Government Order/executive instructions can be made enforceable in terms of the orders of this Court. These may be implemented where there is no statutory prescription for recording/registering the marriage, and may be done as an additional measure when there is any such prescription. We have also requested Mr. Ranjit Kumar, Sr. Adv. to assist us in this matter. If learned Solicitor General feels and if so advised, he may require the State Governments regard and the Union Territories to place their views in this regard before him and this Court so that appropriate directions can be issued. A copy of our order be handed over to learned Solicitor General and Mr. Ranjit Kumar, Sr. Adv. for necessary steps in this matter.
Judge	N/A
Neutral Citation	2005 INSC 211
Petitioner	Seema
Respondent	Ashwani Kumar
SCR	[2005] 3 S.C.R. 649
Judgement Date	2005-04-15
Case Number	291

Central Library (ISO-9001:2015 Certified)
Indian Institute of Technology Kharagpur
Kharagpur, West Bengal, India | PIN - 721302

See location in the Map
03222 282435
Mail: support@ndl.gov.in

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in