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Sikh Couple Approaches Bombay High Court For Implementation of Anand Marriage Act in Maharashtra

Sharmeen Hakim
27 Sep 2022 11:40 AM GMT
Sikh Couple Approaches Bombay High Court For Implementation of Anand Marriage Act in Maharashtra
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A Sikh lawyer-couple, who married last year, have approached the Bombay High Court seeking directions for implementation of Anand Marriage Act in the state.Their plea seeks formulation of rules under the Anand Marriage Act 1909 and registration of their marriage under the law. It has been submitted in the petition that at least 10 states including Delhi, Punjab, Kerala, Assam and Rajasthan...

A Sikh lawyer-couple, who married last year, have approached the Bombay High Court seeking directions for implementation of Anand Marriage Act in the state.

Their plea seeks formulation of rules under the Anand Marriage Act 1909 and registration of their marriage under the law.

It has been submitted in the petition that at least 10 states including Delhi, Punjab, Kerala, Assam and Rajasthan have implemented the Act but the Maharashtra government is yet to formulate rules for the same.

"The Sikhs in Maharashtra, despite having a separate legislation for registration of their marriages under Anand Marriage Act, are forced to register marriage under Hindu Marriage Act," the plea filed by advocate Amritpal Singh Khalsa states.

The Act was enacted in 1909 to give legality and sanctity to the marriage ceremony among Sikhs known as Anand Karaj. In 2012, it was amended by incorporating Section 6, which required each state to formulate their own rules. Ten years since, the State of Maharashtra is yet to formulate rules on the same, the petition states.

"The non-registration of Sikh marriages in the state of Maharashtra under the Anand Marriage Act 1909 is adversely affecting couples professing Sikh religion by infringing Article 14 and further infringing their freedom of professing and practicing religion which is protected under Article 25 and 26 of the constitution of India," argues the petition

Moreover, the registration of Marriage is an integral part of Article 19, 21 i.e to form marital union, express their unity and live with dignity, the plea adds.

"Article 29 of the Constitution of India provides the right to conserve culture, however non-implementation of Anand Marriage Act, impairs the right of the petitioner to conserve their culture," the plea states.

Khalsa said that he got married on October 24, 2021 by performing Anand Karaj in Bhai Daya Singh Gurudwara, Aurangabad and wishes to get his marriage registered under the Act.

The petition is likely to be mentioned for hearing tomorrow.

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