Ranchi, Dec. 10: Want a marriage certificate immediately for a visa? Cross over to Bengal or Orissa to get it.

Jharkhand High Court today brought into focus a glaring lacuna in the Hindu marriages being registered in the state. Couples cannot get their marriages registered under the Hindu Marriage Act in the state. Not because there is no such provision in the country, but simply because the state government has not framed the necessary rules under Section 8 of the legislation.

If the rules are not framed, the government cannot give registering authority to solemnise alliances under the Hindu Marriage Act. The registrar also issues a certificate of proof and authenticity once such an alliance is registered.

In Jharkhand, Hindu couples can get their wedding registered only under the Special Marriage Act. The law, framed for registering inter-religious marriages, has a “lock-in” period of 30 days during which anyone can file an objection. But if someone needs a marriage certificate immediately, say for getting a visa, s/he cannot do so under the Hindu Marriage Act in Jharkhand.

For this reason, several Hindu couples approach registrars in neighbouring West Bengal or other states if they need to get their marriages registered at short notice. Registrars in states which have enacted the Hindu Marriage Act, just ask the couple to fill the necessary forms before issuing the requisite certificate.

The high court expressed shock over this glaring lacuna prevailing since the enactment of the Hindu Marriage Act in 1955.

A marriage registrar in Jharkhand issues a registration certificate under the Special Marriage Act, but he does not issue a “proof of marriage” document as is mandatory under Section 8 of the Hindu Marriage Act. The lacunae arises because the state government, like Bihar, has not framed the necessary rules under Section 8 for providing “proof” of marriage under the Hindu Marriage Act.

The high court took serious note of the fact that even after two years of the formation of Jharkhand, the government has not framed the necessary rules. The division bench of Chief Justice V.K. Gupta and Justice R.K. Merathia asked the state to file a counter-affidavit by December 17 regarding the enactment of the Hindu Marriage Act under Section 8 in Jharkhand.

”It is very strange that so far no rule has been framed by the state of Jharkhand in regard to the Hindu Marriage Act,” the judges said.

The court directed the government’s junior counsel to hold discussions with the law minister so that the rules can be framed at the earliest.

The bench was hearing a petition filed by Bharat Bhushan Prasad Amar.

The petitioner’s counsel, Pandey Neeraj Rai, informed the court that Jharkhand does not have a marriage legislation under Section 8 of the Hindu Marriage Act.

He argued that obtaining a proof of marriage is the fundamental right of all citizens under the extended meaning of Article 21 of the Constitution.

The petitioner’s counsel said states like Uttar Pradesh, West Bengal, Assam, Rajasthan, Kerala, Karnataka, Punjab, Madhya Pradesh and Pondicherry made Hindu marriage registration rules 40 years ago, but Jharkhand has so far not taken any initiative.