Is marriage registration compulsory in India?

Marriage is considered one of the most critical events in an individual\’s life. It is a union of two individuals who share their lives. In India, marriage is not just a union of two individuals but also a union of two families. The customs and rituals of marriage vary from region to region in India, but the essence of marriage remains the same throughout the country. Marriage registration is the process of recording the marriage under the laws of the country. It is a legal requirement in many countries, including India. In India, the registration of marriage is governed by the Hindu Marriage Act, 1955, the Special Marriage Act 1954, and the Indian Christian Marriage Act, 1872.

 

Is marriage registration compulsory in India?

The answer to this question is yes. Marriage registration is compulsory in India under the following circumstances:

1. to claim social security benefits: The government provides various social security benefits to married couples in India. These benefits include family pensions, survivor benefits, and medical benefits. To claim these benefits, it is mandatory to have a marriage certificate.
2. For obtaining a passport: If you are planning to apply for a passport, then it is mandatory to have a marriage certificate. This is especially true if you are applying for a passport for the first time. The passport office requires a marriage certificate as proof of marriage.
3. For changing your name: If you want to change your name after marriage, you must have a marriage certificate. This is because the marriage certificate proves your marriage and your name change.
4. For obtaining a visa: If you plan to travel abroad, you may need to obtain a visa. Sometimes, a marriage certificate is required to prove your marital status. This is especially true if you are traveling with your spouse.
5. For legal purposes: A marriage certificate is considered proof of marriage in case of any legal disputes. This includes cases of divorce, inheritance, and property disputes.
6. For opening a joint bank account: If you want to open a joint bank account with your spouse, you need a marriage certificate.
7. For obtaining a loan: If you plan to take a loan, you may need to provide a marriage certificate as proof of your marital status.

The Central Government brought about the compulsory Registration of Marriage Bill 2005, taking into view the necessity for the people of this country to be aware of the social structure and related legislations. The Law Commissioner of India also suggested linking the registration of marriage with that of the Aadhaar identification to ensure traceability universally. For the protection of both parties in the marriage, providing identification to the marriage is necessary, guaranteed by the registration of the same. This move by the government was welcoming for many communities, while many opposed the same.

 

Discussion on the usage of The Registration of Births and Deaths (Amendment) Bill, 2012, for the marriage solemnization between two individuals of any religion also took place. This bill would have supported women if they came across maintenance cases for a certificate of registration with excellent value. The marriages already registered under the Anand Marriage Act,1909, meant for registering Sikh marriages, were exceptions to the bill. But these discussions ended when the fact that unless the government itself made the registration of marriage compulsory and made the same access to every citizen across the nation, it was challenging to establish registration to be compulsory for all marriages arose. 

 

Taking into view the conditions of women who are suffering from their married life because of ill habits of husbands, marital distress, etc., the Supreme Court ruled out that irrespective of any religion the parties to marriage belong, the registration for any marriage will be held to be mandatory and compulsory in nature. The apex court also took to view that until respective State Governments can promulgate separate legislations or bring in satisfying amendments to the existing registration, the rule passed by the court will be followed without hesitation. 

 

The requirements for registration of marriage in India.

In India, the two pieces of legislation that govern marriages are:

1. The Hindu Marriage Act of 1955
2. The Special Marriage Act of 1954

The registration procedure is inclusive of specific requirements that the party should carry on, which are provided below:

1. The application form concerning the registration for marriage needs to be provided to the sub-divisional magistrate, provided the same includes the initials of both parties.
2. Documentary evidence in the form of a birth certificate, passport, or matriculation certificate is required to be presented by both parties.
3. When registering the marriage in a court of law, both parties should have an age of 21 years, for it is the minimum limit of valid age that should be acquired to be married legally.
4. Passport-size photographs of both parties need to be provided as well.
5. If the parties are supposed to be registered under the Special Marriage Act 1954, documentary evidence regarding the place of residence of the parties is required.
6. Deposition of fees is also required to Register for the registration of the marriage. An amount of Rs. 100 needs to be provided in case the marriage is about to be registered under The Hindu Marriage Act, 1955, whereas an amount of Rs 150 needs to be deposited if the marriage is to be registered under the Special Marriages Act, 1954.

The registration of the marriage application should be carried out within 15 days of the marriage solemnization. This was observed in the case of P. Remesh Kumar v. Secy., Kannapuram Grama Panchayat. A thing that needs to be kept in notice is that only a few people are aware of the requirements provided above which are necessary for their marriage registration. The role of the woman in a marriage is often modest compared to that of the husband. Thus the process of registration is hindered by convergent misogynistic thoughts.

Consequences of not registering marriages in India.

Not registering a marriage is a loss for the parties involved in the marriage themselves. Registration makes the marriage legal and recognized in the eyes of the law. Societal issues which are more common in affecting women include:

1. Child marriage
2. Marital rape
3. Domestic violence 
4. Harassments and the list are endless. 

Until and unless the marriage between two parties is registered, the parties cannot access the legal rights associated with the marriage. As registration is a compulsory element in a marriage in the current scenario, specific penalties are attached to the infringement of this element. Some of them are:

1. Penalties for destruction or alteration of the Register impose a fee of Rs. 5000 and imprisonment for five years.
2. Penalties for being dishonest in the memorandum involve a fine of Rs. 5000 and imprisonment for two months.
3. Additional penalties can be imposed, taking into concern the situation. 

Marriage in India is a holy, religious activity that confers individual rights upon the male and the female involved in the marriage. The fact of whether marriage is a sacrament or a contract has received a large amount of discussion and debate. The Hindu Marriage Act 1955 expressly associates marriage with that ceremonies under Section 7 of the Act. Section 7(2) of the Act says that the ceremony of saptapadi involves the bride and groom taking seven steps around the sacred fire jointly, which makes the marriage complete. The Hindu Marriage Act 1955 applies to all Hindus, including Buddhists, Jaina, or Sikhs, and excludes Muslims, Christians, Parsis, or Jews. 

These groups of people are included under the ambit of the Act if the person has been proven to be governed by Hindu Law. On the contrary, the Special Marriage Act 1954, which governs the marriage of Indian nationals in foreign countries without any religious barriers, categorizes marriage the same to be a civil contract by nature. Nevertheless, debates in this regard will always be present. There are a lot of factors attached to the registration of marriage. Registration, at times, has proven to be helpful, whereas there are times when registration has not played a significant role in the marriage. 

Several judgments have been passed concerning the registration of marriage. Section 8 of the Hindu Marriage Act 1955 lists the provision for registering Hindu marriages. Every legal practitioner thus advises that the consequences of not registering marriages in India are not very friendly. Registering the marriage to safeguard the same with the help of legislation associated with it is preferable.

 

Is it mandatory to register marriage in India?

India is a diverse nation being the residence of several religions and groups. Each of them is governed by its own rules and regulations. Further, while our forefathers were framing the Constitution of India, they intended not to discuss marriage, for it was a sensitive issue for the country and its people. Before entering into the very domain of the necessity of registration and the mandatoriness associated with the same, let us first be aware of the fact as to what registration actually is. Section 8 of the Hindu Marriage Act, 1955 lays down the element of registration in a Hindu marriage even though it does not make the provision compulsory for parties in a marriage. 

The Section provides five subsections which are elaborated in simple terms below:

1. Section 8(1) says that as proof of the Hindu marriages, the State Governments will be granted authority to make rules which will provide that the parties involved in the marriage have been so in terms of the conditions that the Hindu Marriage Register provides and along with this the documents that are associated with the marriage should also be kept with the parties for future references.
2. Section 8(2) provides that it is the responsibility of the State Governments to ensure that the parties to the marriage have abided by the rules provided in Section 8(1). If there are any signs of infringement by the parties, then the State will charge a fine of twenty-five rupees from the parties.
3. Section 8(3) says that the rules discussed in Section 8(1) should be provided to the State Legislatures after their formation.
4. Section 8(4) lays down the duty of the Hindu Marriage Register, which is to inspect the marriage to have sufficient evidence as to the marriage concerned to prove it to be legal.
5. Section 8(5) summarises that the validity of the Section will not be affected in any way if the registration of a Hindu marriage does not take place in the course. 

For the registration to take place successfully, both parties associated with the marriage must be present. It was in the case of Nishana Mol v. Alappuzha Municipality that the court held that if the registrar of the marriage concerned is hesitant or doubtful about the identities of either one of the parties in the marriage, only then can the registration of marriage take place and will amount to be necessary. 

Registration of marriage binds the marriage with all the associated legislatures; in simpler terms, the legality of the marriage is determined by its registration. Registration is also a means of protecting the parties in the marriage. The fact that the patriarchal society has long driven India with the supremacy of men in every social aspect cannot be ignored. Subjecting women to feudality, harassment, both mental and physical, and several other social issues have been the object of marriage in India. If marriage is traditionally viewed, the purpose of marriage is the procreation of children and satisfying the groom as and when he wants. Although all these grounds can be considered vague and useless while talking about registration, these are the actual reasons for having a provision for registration in India.

The Central Government brought about the compulsory Registration of Marriage Bill 2005, taking into view the necessity for the people of this country to be aware of the social structure and related legislations. The Law Commissioner of India also suggested linking the registration of marriage with that of the Aadhaar identification to ensure traceability universally. For the protection of both parties in the marriage, providing identification to the marriage is necessary, guaranteed by the registration of the same. This move by the government was welcoming for many communities, while many opposed the same.

Discussion on the usage of The Registration of Births and Deaths (Amendment) Bill, 2012, for the marriage solemnization between two individuals of any religion also took place. This bill would have supported women if they came across maintenance cases for a certificate of registration with excellent value. The marriages already registered under the Anand Marriage Act,1909, which is meant for registering Sikh marriages, were exceptions to the bill. But these discussions ended when the fact that unless the government itself made the registration of marriage compulsory and made the same access to every citizen across the nation, it was challenging to establish registration to be compulsory for all marriages arose. 

Taking into view the conditions of women who are suffering from their married life because of unhealthy habits of husbands, marital distress, etc., the Supreme Court ruled out that irrespective of any religion the parties to marriage belong, the registration for any marriage will be held to be mandatory and compulsory. The apex court also took to view that until respective State Governments can promulgate separate legislations or bring in satisfying amendments to the existing registration, the rule passed by the court will be followed without hesitation. 

 

The requirements for registration of marriage in India.

In India, the two pieces of legislation that govern marriages are:

1. The Hindu Marriage Act of 1955
2. The Special Marriage Act, of 1954

The registration procedure is inclusive of specific requirements that the party should carry on, which are provided below:

1. The application form concerning the registration for marriage needs to be provided to the sub-divisional magistrate, provided the same includes the initials of both parties.
2. Documentary evidence in the form of a birth certificate, passport, or matriculation certificate is required to be presented by both parties.
3. When registering the marriage in a court of law, both parties should have an age of 21 years, for it is the minimum limit of valid age that should be acquired to be married legally.
4. Passport-size photographs of both parties need to be provided as well.
5. If the parties are supposed to be registered under the Special Marriage Act 1954, documentary evidence regarding the place of residence of the parties is required.
6. Deposition of fees is also required to Register for the registration of the marriage. An amount of Rs. 100 needs to be provided in case the marriage is about to be registered under The Hindu Marriage Act, 1955, whereas an amount of Rs 150 needs to be deposited if the marriage is to be registered under the Special Marriages Act, 1954.

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