Excelsior Correspondent
JAMMU, Apr 5: All the Hindu marriages will be registered in the State hence forth as Assembly today gave its nod to Amendment in Jammu and Kashmir Hindu Marriage Act, 1980.
The Amendment Bill was moved for consideration and passage in the House by Minister of Law and Parliamentary Affairs, Mir Saifullah.
Defending the amendment, he said that as per Supreme Court ruling the registration of Hindu marriages has become mandatory in the country. He said as per amendment the marriage age for boys will be 21 years now and for girls it will be 18 years. Earlier this age was 18 years for boys and 15 years for girls, he added.
The Minister said for non registration of marriage the fine will be Rs 500 now which was Rs 25 earlier and appeal duration which was 30 days earlier will be 90 days now. Moreover besides the civil courts the marriages could now be registered by Tehsildars and Naib Tehsildars of the area which earlier was registered by civil courts only, he added.
Minister said that if the marriage will not be as per act it can be declared void.
Earlier Harsh Dev Singh said that the word ‘may’ has been used for compulsory registration while it should have been “shall’’. The Minister said that rules have not been framed as yet and it will be taken care of when rules are framed.
As per the statement of the Bill the Supreme Court of India in transfer Petition (civil) titled Seema vs Ashwani Kumar has 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.
For framing the 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 18 years and 21 years respectively so that there is no conflict between the age of marriage prescribed under the Act and the rules made thereunder.
Further the Section 6 of the Jammu & Kashmir Hindu Marriage Act 1980, providing for guardianship in marriage, is sought to be deleted and Section12 of the Act is proposed to be amended so as to provide the marriage of minor shall be voidable.
In Christian Marriage and Divorce Act 1957, Section 17 of the Act is sought to be amended to provide for declaration of one of the persons intending marriage that he or she believes that there is no impediment in marriage. Section 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. Further Section 21 by the said Act is 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.
The House also passed the Bill to amend Jammu and Kashmir Value Added Tax Act, 2005. The Amendment Bill was moved for consideration and passage by Minister of Finance Abdul Rahim Rather.
He said earlier in the Act there was provision that defaulters have to pay double fine or 25 per cent of value of the goods whichever is higher and there was no relief to traders.
He said the unregistered goods under the new provision will have to pay a penalty of double tax by deleting the 25 per cent.
As per the statement of the Bill in case of an offense committed under Sub Section (5 ) and ( 10 ) of Section 67 of the J&K VAT Act , the defaulting dealer is liable to pay security and penalty at the rate of twice the amount of VAT payable of 25 percent of the Value of goods, whichever is higher. As this provision operates harshly, the Government proposed to remove the second part of the provision regarding ‘or 25% of the value of goods , whichever is higher. In Section 67 of the J&K VAT Act , 2005, the words “or twenty per cent of the value of goods, whichever is higher ‘’ wherever occurring shall be omitted.
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