The department of law and justice in order to examine the 212th Report of the Law Commission of India on “Laws of Civil Marriages in India” has formed a committee under the chairmanship of the principal secretary, justice and law department. The committee at the meeting on April 13, 2010, deliberated in detail the recommendation of the Law Commission of India and observed that the matter demands critical study for rendering opinions and suggestions.
The recommendations include: the word “Special” be dropped from the title of the Special Marriages Act, 1954 and be simply called “The Marriages Act, 1954 or the Marriages and Divorce Act, 1954”; the definition of “degrees of prohibited relationship” given in section 2(b) of the Act and first scheduled detailing such degrees appended to the Act be omitted. Instead it should be added in section-4 of the Act. The same provision on prohibited degrees in marriages be incorporated also into section 4 of the Foreign Marriage Act, 1969, all preferences to succession and joint family be removed from the Special Marriage Act, 1954 and section 19, 20, 21 and 21-A of the Act dealing with succession and membership of joint family be repealed; a provision be inserted into the Indian suggestion Act, 1925 that any person by a declaration on affidavit or by a written duly attested opt for the application on this Act instead of the Law of Succession otherwise applicable to him or her.
Opinions and views from various apex tribal bodies, Church associations, NGOs, groups and individuals may be sent to Ngamjok Konyak, Joint Legal Remembrancer, Justice & Law Department. The 212th Report of the Law Commission of India can also be downloaded from www.lawcommissionoflndia.nic.in