Satvinder Kaur Manmohan Singh Bindra And Another v. Commissioner Chh Sambhajinagar Municipal Corporation And Others

2023:BHC-AUG:26239-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO. 15124 OF 2023 SATVINDER KAUR MANMOHAN SINGH BINDRA AND ANOTHER

VERSUS

COMMISSIONER CHH SAMBHAJINAGAR MUNICIPAL CORPORATION AND OTHERS Ms.Satvinder Kaur d/o Manmohan Singh Bindra and Mr.Amritpal Singh Khalsa, Party in Person.

Mr.S.S.Tope, Advocate for Respondent No.1.

Ms.Priya R.Bharaswadkar, Advocate for Respondent No.2. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : DECEMBER 13, 2023 PER COURT :

1.

The Petitioners before us are a couple who have got married. Both profess the Sikh Religion. The grievance is that the marriage certificate which is to be issued under the Anand Marriage Act, 1909, is not been issued by the Corporation at Aurangabad. 2.

The learned AGP has placed on record a notification dated 23.04.2020 indicating that the Anand Marriage Act, 1909 and the Maharashtra Anand Marriages Registration Rules, 2020 are in force. A

- 2 - compilation of the said notification (with Page Nos. 547 till 569), is taken on record and marked as '

X-1' for identification. She further places on record a communication dated 05.12.2023 addressed by the Deputy Director, Health Services, vk-ek-th-vk-, Registrar of Marriage Board and Marriage Registration Divisional Convenor, Maharashtra State, Pune addressed to the Registrar of Marriage Board and Marriage Registration cum Medical Officer, Chhatrapati Sambhaji Nagar Mahanagarpalika, which is marked as X-2 for identification. She submits in the light of these documents that the Ward Officer / Zonal Officer of the particular ward of a Municipal Corporation is empowered to Register Marriages under the Anand Marriage Act and the Rules framed thereunder.

3.

The learned Advocates for the respective sides submit that there is no legal impediment or embargo on the Registration of Marriages under the Anand Marriage Act.

4.

We direct the Corporation to issue marriage certificate to the Petitioners on 22.12.2023 after completing all the formalities and the Petitioners can collect the marriage certificate at 12.00 noon on

- 3 - 22.12.2023. For the said purpose, the Petitioners would approach the Ward Officer / Zonal Officer of Zone-9 on 19.12.2023 at 11.00 a.m. only to cooperate in completing the required formalities, if not completed. We record that the Ward Officer / Zonal Officer shall ensure that the marriage certificate is issued on 22.12.2023 and we would not grant a single day extension.

5.

With the above directions, this Petition is disposed off. 6.

The Registrar (Judicial) to place this order before the Chief Secretary, State of Maharashtra so as to inform all the local authorities that this Act and the Rules thereunder have to be implemented in the appropriate cases of marriages.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.)