INTRODUCTION
In Indian society, marriage’s institution holds considerable religious value. This is a union of families, not just of the married couple but for all of them. This unique event will bring great happiness and pleasure. Apart from guaranteeing respect for the legal marriage age, marriage registration help to reduce gender inequality, empower women, and prohibit practices like forced and child marriage. Apart from tackling polygamy and other kinds of illegal marriage.
Religious registration of marriage is the official documentation and acknowledgement of marriage within a certain religious or cultural group. Their religious beliefs acknowledge the spiritual and sacred relevance of the marriage.
Registration is the official documentation and recording of something under the appropriate authority. In reference to marriage, the word “registration” refers to the required procedure of submitting a marriage detail with the relevant government body. Obtaining a marriage certificate means following the correct procedures, which include submitting the relevant documentation, completing the suitable forms, and so on. Since it formally recognizes the union, registration is essential to ensure the maintenance of the rights, obligations, and benefits related to marriage registration. Evidence of married status, marriage certificates provide a plethora of social and legal benefits including joint decision-making, insurance, and inheritance rights.
LEGAL FRAMEWORK OF MARRIAGE REGISTRATION
The legal framework for marriage registration in India involves several key acts. The Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Indian Christian Marriage Act, 1872, and the Parsi Marriage and Divorce Act, 1936, outline the registration procedures for various communities. These laws ensure the legal recognition of marriages, protecting rights and providing benefits like joint decision-making and inheritance. Additionally, the Foreign Marriage Act, 1969, facilitates the registration of marriages involving Indian citizens abroad.
MARRIAGE REGISTRATION PROVISIONS UNDER HINDU MARRIAGE ACT 1954:-
The Hindu Marriage Act addresses the registration of a marriage of both individuals who are Hindus, Buddhists, Jains, Sikhs, or converts to one of these religions. Section 8 of the Hindu Marriage Act of 1955[i] covers the issue of Hindu marriage registration.
MARRIAGE REGISTRATION PROVISIONS UNDER SPECIAL MARRIAGE ACT:
The Special Marriage Act, 1954[ii], is a significant law in India that facilitates marriages between individuals irrespective of their religion or caste, offering a secular alternative to religious ceremonies. sections 15–18 from Chapter III of the Special Marriage Act of 1954 dealt with the registration process.
MARRIAGE REGISTRATION UNDER MUSLIM LAW
In India, Muslim law controls Muslim marriages—also known as Nikah. It covers all Muslims and ensures that the required criteria—free consent, no forbidden degrees of relationship, and party competency—are met (Ijab and Qubool, respectively). The Muslim Personal Law (Shariat) Application Act, 1937[iii] is one piece of law addressing Muslim marriage. This legislation set consistent rules for Muslims living in India for applying Sharia law.
Comprising information like the names of the bride and groom, witnesses, and the decided-upon dower (Mahr), a Nikah Nama must be completed and sent in as part of the Muslim marriage registration process. Kindly make sure you send your registration application and these papers to the marriage registrar before the designated date. To ensure their legal validity, the Compulsory Registration of Marriages Act—which mostly addresses Section 12—mandates the registering of every marriage. Reviewing the documentation, the registrar will provide a marriage certificate.
MARRIAGE REGISTRATION UNDER INDIAN CHRISTIAN MARRIAGE ACT, 1872
Part IV of the Indian Christian Marriage Act, 1872[iv], Section 27–37, dealt with the process for registering the marriages consummated by Ministers and Clergymen. There is a separate procedure for the registration of marriages between Christians. Part V of the Act offers direct solemnization and registration of marriages by approved Marriage Registrars (Sections 38–59). sections 60–65 of Part VI’s go into the qualifications for certification as they pertain to marriages between “Indian Christians.”
THE PARSI MARRIAGE AND DIVORCE ACT, 1936
Section 12 of the Parsi Marriage and Divorce Act, 1936[v] mandates to provide their records to the Marriage Registrars specified under the Act. A priest who fails to certify a marriage or send a copy to the Marriage Registrar, is guilty of an infringement.
MARRIAGE REGISTRATION UNDER FOREIGN MARRIAGE ACT, 1969
The Foreign Marriage Act was established to legalize civil marriages between Indian citizens residing overseas. As the Act states, an Indian citizen has legal right to wed either another Indian or a foreigner. Under this Act, solemnity and registration of marriages are elements of the same transaction as they were under the Special Marriage Act of 1954[vi]. Like the marriages described in the Special Marriage Act of 1954[vii], these ones might be solemnized and registered.
IMPORTANCE OF MARRIAGE REGISTRATION IN INDIA
Section 8(5) of the Hindu Marriage Act 1955[viii] states that failing to register a Hindu marriage would not render such a marriage unlawful.
1. The government will consider it as legitimate. For numerous legal purposes as well as formal documentation of the marriage. A marriage certificate is acceptable as proof of marriage. You may apply for a social security card, a passport, or a visa, for instance, using it.
2. Registration protects the rights and interests of the engaged parties. Should a dispute arise, claim to property or inheritance, or custody of a child, it offers legal defence.
3. Officially, marriage is acknowledged and registration validates the couple’s connection, therefore fostering social legitimacy. Married couples are permitted to participate in more social and cultural activities.
4. After obtaining their marriage license, married couples are eligible to receive many government benefits health insurance, pension schemes, and tax reductions.
5. The registration procedure protects people against marriages against which they are not allowed or coerced and helps to avoid bogus weddings.
6. Helps prevent fraudulent or forced marriages and ensures both parties consent to the marriage.
STEPS AND REGISTRATION PROCESS
You have to first apply. You might visit the office of the relevant authorities or download the form from their website. Kindly make sure the details you submit on the bride and groom are accurate. Doing it online is made simple on the official website.
- Send in your application with all necessary paperwork in second step. Every partner has to sign the application.
- For age verification: Aadhar card, Birth certificate, passport, PAN card, driver’s license, or other identity and other age verifying documentation.
- Proof of residence: Documentation related to residence, like a ration card, voter ID, or passport, Aadhar Card, Electricity bill.
- The bride and groom’s wedding invitation card, one marriage portrait, two passport-sized pictures of per partner, and one extra photo. and wedding picture book.
- The affidavit which certifies that the marriage was solemnized in line with the Hindu Marriage Act or the Special Marriage Act and that all provided papers and information are real and true. this affidavit also contain that they are eligibile to marry each other. Both partners have to sign an affidavit attesting to their nationality, birthdate, marital status, birthdate, and marital location
- Two or Three witnesses with appropriate ID.
- If the marriage took place in a religious setting, the certificate from the priest officiating it is very essential.
- Status of past of marriage (if any) and attached divorce decree. Declaration stating, wherever applicable, the parties do not have any degree of relationship deemed barred by the Hindu Marriage Act or the Special Marriage Act.
- registration fees and lates fees (if any). The application form has to be accompanied by a slip that the registration fees is paid via online or through counters.
- appointment in the office of Marriage registrar.
Important: See your local marriage registration office for more details on registering a marriage. For current information, visit their website or give a call beforehand.
CASE LAW RELATED TO MARRIAGE REGISTRATION
- By contrast, in Seema v. Ashwani Kumar & Ors.[ix], the Hon’ble Supreme Court mandates that marriages in India must be registered in the state where the ceremony is held, regardless of the couple’s religious inclination. In this sense, every state and territory received instructions from the Hon’ble Supreme Court to register marriage.
- The case of Priyanka Gupta vs State of Uttar Pradesh[x] raised awareness of the need of marriage registration and how issues and loss of rights and benefits might follow from either party postponing or failing to register their marriage.
- In considering Kanagavalli v. Saroja[xi], the Madras High Court underlined the significance of registration in guaranteeing women’s safety in catering. Bigamy penalties were said to be simpler if registration had been required.
- In Baljit Kaur & Anr v. State of Punjab & Anr.[xii], the Punjab and Haryana High Court maintained the ratio of the Seema case and voiced the view that requiring marriage registration may help to lower the dispute surrounding the event.
- The case of Nimeshbhai Bharatbhai Desai v. State of Gujarat[xiii] underlined the need of required marriage registration, particularly in the campaign against child marriage. The court directed the government to ensure registration of marriage and that non-complying individuals suffer fines.
CONCLUSION
Two of the most crucial roles of marriage registration are legalizing and safeguarding marriages. The legislation offers several benefits and privileges as well as acknowledges and protects couples. Changing the documentation, including online registration options, and increasing public knowledge can help to make the registration procedure more quick and easily available.
REFRENCES
[i] Act no 25 of 1955.
[ii] Act no. 43 of 1954
[iii] Act no 26 of 1937
[iv] Act no. 15 of 1872.
[v] Act number 3 of 1936.
[vi] Supra note 2.
[vii] Ibid
[viii] Supra note 1
[ix] 2006 (2) SCC 578
[x] APPLICATION U/S 482 No. – 18815 of 2020
[xi] AIR 2002 MADRAS 73
[xii] (2008)151PLR326
[xiii] R/CR.MA/26957/2017
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