FROM A CORRESPONDENT
SHILLONG, Nov 11: VGK Kynta, counsel for the petitioners who challenged the validity of the Meghalaya Compulsory Registration of Marriage Act, 2012, today said that the act was invalid and ultra vires of the Constitution of India.
According to Kynta after passing of the state Act, Christian Marriages solemnized in the Churches as per the Indian Christian Marriage Act, 1872 will now become “mere formality” and “redundant”. “How can a state law override a central law,” Kynta said.
Kynta also stated that the State Act infringes into the Indian Christian Marriage Act, 1872.
“The State Act has been legislated in an already occupied field in so far as the Central Act is concerned. Under the Central Act any marriage conducted by licensed persons under the Act, the marriage itself is inclusive of the registration. The marriage officer or the licensed person who conducted the marriage issues a certificate and the question of a separate registration does not arise as it is part and parcel of the registration under the Central Act which is self contained,” he added. Meanwhile, the Church leaders who filed a writ petition challenging the validity of the act said that they are not against it but feared that their role in solemnizing marriages may be eroded.
“Our solemnization have become just a prayer since the certificates issued by us won’t be of any use,” Rev P Diengdoh said.
According to the Church elders, initially they thought that a act was being implemented for those who do not have one and not for those who are already governed by respective marriage act.