Amrik Singh Lyallpuri Vs. Union of India (Uoi) and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/709625
SubjectCivil
CourtDelhi High Court
Decided OnMar-14-2001
Case NumberCivil Writ No. 4376 of 1994
Judge Vijender Jain, J.
Reported in2001IVAD(Delhi)994; 2001(58)DRJ509
ActsDelhi Hindu Marriage Registration Rules, 1956 - Rule 4
AppellantAmrik Singh Lyallpuri
RespondentUnion of India (Uoi) and ors.
Appellant Advocate Raja Harpal Singh, Adv
Respondent Advocate Dheeraj Nair, ; Anamika Aggarwal and ; V.K. Shali, Advs
Excerpt:
delhi hindu marriage registration rules, 1956 - rule 4--notification--amendment thereby--regarding issue of identification of the parties to the satisfaction of the marriage officer--certain categories of officers allowed for purpose of identification--amendment allowed--petition stands disposed of. - - 3. in view of the decision take by the respondents, necessary amendment in rule 4 of the said rules be made, same be notified to the marriage officers as well as to the public at large and necessary amendment in the brochure along with application for marriage registration be also made.vijender jain, j.1. in view of the counter affidavit filed by the respondent where requirement is not that when has been stated in the petition but in view of the amendment in rule 4 of delhi hindu marriage registration rule, 1956 notified vide notification dated 28.2.1961, which reads as under :-'on receipt of the application the registrar shall enter the particulars in the register in form b after the parties to marriage appear before him and are identified to his satisfaction.'2. mr. shali has contended that in the meeting of the deputy commissioners held under the chairmanship of divisional commissioner regarding the issue of identification of the parties to the satisfaction of the marriage officer which was held on 5.6.2000, certain categories of officers, who have been allowed for the purpose of identification, are gazetted officer of the central government & government of delhi and employee (except group d employee) of the central government/government of delhi and following categories of officers for identification of the parties to the marriage to the satisfaction of the registrar have been included and they are :-1) gazetted officer of central government, or of govt. of nct of delhi, or of other state govt./uts posted at delhi; 2) group a and group b employees of the central govt., govt. or of nct of delhi, or of other state govt./uts posted at delhi, who is at least a graduate. 3) mps/mlas/municipal councillor of the govt. of delhi, or mps of upper/lower house. 3. in view of the decision take by the respondents, necessary amendment in rule 4 of the said rules be made, same be notified to the marriage officers as well as to the public at large and necessary amendment in the brochure along with application for marriage registration be also made.4. with these observations, writ petition stands disposed of.
Judgment:

Vijender Jain, J.

1. In view of the counter affidavit filed by the respondent where requirement is not that when has been stated in the petition but in view of the amendment in Rule 4 of Delhi Hindu Marriage Registration Rule, 1956 notified vide Notification dated 28.2.1961, which reads as under :-

'On receipt of the application the Registrar shall enter the particulars in the Register in Form B after the parties to marriage appear before him and are identified to his satisfaction.'

2. Mr. Shali has contended that in the meeting of the Deputy Commissioners held under the Chairmanship of Divisional Commissioner regarding the issue of identification of the parties to the satisfaction of the marriage officer which was held on 5.6.2000, certain categories of officers, who have been allowed for the purpose of identification, are Gazetted Officer of the Central Government & Government of Delhi and employee (except Group D employee) of the Central Government/Government of Delhi and following categories of officers for identification of the parties to the marriage to the satisfaction of the Registrar have been included and they are :-

1) Gazetted Officer of Central Government, or of Govt. of NCT of Delhi, or of other State Govt./UTs posted at Delhi;

2) Group A and Group B employees of the Central Govt., Govt. or of NCT of Delhi, or of other State Govt./UTs posted at Delhi, who is at least a Graduate.

3) MPs/MLAs/Municipal Councillor of the Govt. of Delhi, or MPs of upper/lower house.

3. In view of the decision take by the respondents, necessary amendment in Rule 4 of the said Rules be made, same be notified to the Marriage Officers as well as to the public at large and necessary amendment in the brochure along with application for marriage registration be also made.

4. With these observations, writ petition stands disposed of.