Excelsior Correspondent
JAMMU, Apr 3: Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah today introduced a bill seeking to amend the Jammu and Kashmir Hindu Marriage Act, 1980 and the Jammu and Kashmir Christian Marriage and Divorce Act, 1957 in the Legislative Assembly.
While introducing the bill, the Minister said, “the Supreme Court of India in Transfer Petition (Civil) has directed that marriages of all persons who are citizens of the country, belonging to various religions, should be compulsorily registered in their respective States and for that purpose rules are required to be framed by the States”.
“For framing of rules, certain necessary amendments are required to be made in Jammu and Kashmir Hindu Marriage Act, 1980 and Jammu and Kashmir Christian Marriage and Divorce Act, 1957 regarding age of bride and bridegroom as 18 years and 21 years respectively so that there is no conflict between age of marriage prescribed under the Act”, the Minister further said.
He said, “Section 6 of J&K Hindu Marriage Act, which provides for guardianship in marriage, is required to be deleted and Section 12 amended so as to provide that marriage of minor should be avoidable”, adding “the penalty for non-registration of marriage under Section 35 is sought to be enhanced from Rs 25 to Rs 500 and the period for filing appeal under the Act is proposed to be enhanced from 30 days to 90 days”.
“In Christian Marriage and Divorce Act, 1957, Section 17 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”, the Minister said, adding “Sections 18, 19, 20, 42, 43, 45 and 46, which provide for guardianship in case of marriage of minor, is sought to be deleted and Section 21 of the Act is sought to be substituted so as to provide that in case of any of party to marriage is minor, certificate of marriage should not be issued”.
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