SHILLONG: The division bench of the Meghalaya High Court will hear the petition filed by church leaders challenging the marriage registration act on February 1, 2017.
The church leaders had moved the high court last month challenging the validity of the Meghalaya Compulsory Registration of Marriage Act, 2012, as they felt it was infringing the Indian Christian Marriage Act, 1872 and “it was being legislated in an already occupied field”.
In this connection, the government advocate asserted that the Act of 2012 was not an infringement of the central act of 1872 and the same has been enacted for registration of all marriages with the Registrar General of Marriages.
He further said merely because under the Act of 1872, a scheme for registration has been provided for the purpose of Christian marriage, it cannot be said the State legislature has enacted over an occupied field.
The government advocate also submitted that the Act of 2012 has been enacted in the backdrop of the scenario that Christian women in Meghalaya were facing great hardships and difficulties because of want of proof of marriage, particularly in relation to matrimonial disputes.
The Central Government Counsel, however, said that according to his primary submissions, the State Legislature could not have enacted a law on a field occupied by the Central Legislation.
The court has directed the intervention of Michael Syiem, who was instrumental in pushing the State government to implement the Act. “However, looking at the circumstances of the case and the issues involved, the applicant is permitted to intervene and shall be allowed to advance his arguments at the time of the final hearing of the writ petition,” the court stated.
