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All About Marriage Law in India | LawyerINC

After the marriage is solemnised there are certain requirements that must be fulfilled in order to give it a legal standing or to make it valid under Indian laws.

· Matrimonial

Married or planning to get married pretty soon, you should get your marriage registered. Marriage registration is very important nowadays, as marriage will be considered legal only after registration. Although it is not mandatory in most of the countries, it is compulsory to get marriage registration in India.

Marriage is considered a sacred bond between two people. After the solemnisation of marriage, the parties should get the marriage registration certificate to make the marriage valid in India. Getting married is easy & registering it is even easier.

What Indian Culture Says

The Indian culture considers marriage to be a sacred institution. After the solemnisation of the wedding, it should be legalised by getting marriage registration.

Two main laws which deal with marriage registration in India are-
 

Hindu Marriage Act, 1955

Under the Hindu Marriage Act, 1955, when the husband and wife both are Hindu, Buddhists, Jain or Sikh or converted to, then they have to get the registration done under this Act.

Section 8 talks about the registration of marriage. Registration facilitates the person to have proof of their marriage. The State government makes the rules for registration of marriage.

Special Marriage Act, 1954

The Special Marriage Act, 1954 is applicable when either of the party or both are not Hindu, Buddhists, Jain or Sikhs.

Registration of marriage is done under section 15 of the Act. The marriages which are recorded by the marriage officers are periodically transmitted to the Registrar General of Birth, Death and Marriages.

The marriage certificate will act as proof of marriage in various government offices like the passport office, bank, insurance offices etc.

The Legal Scenario Regarding Marriage Registration
How do get marriage certificate

Every marriage solemnised between Indian citizens or where at least one person is Indian citizen shall be compulsorily be registered with the Registrar of Marriage. It is the duty of the parties to register their marriage.

Who to Approach

For registering process, the parties have to approach the Sub-Divisional Magistrate under whose jurisdiction the marriage took place or where they are residing after marriage.

How Can One Register Their Marriage?

Following is the process to register the marriage-

• Firstly, one has to fill the online marriage registration form by providing the required documents.

• Secondly, an appointment at the marriage registrar office is made.

• Once the appointment is fixed, the parties have to visit the office with the witnesses.

• Lastly, after all the verification, you will get the Marriage Registration Certificate.

Is it necessary to register your marriage?

In 2006, the Supreme Court in Seema vs. Ashwani Kumar & Ors. Held that the marriage registration is compulsory. It said the marriage of all persons who are the citizens of India belonging to various religions should be compulsorily be registered. Furthermore, in 2014, registration of marriage has been made compulsory under the Hindu Marriage Act and Special Marriage Act.

Which is better Registered or Unregistered Marriage?
  • Perks of registered marriage
  • Problems of unregistered marriage
  • Prevention of child marriage
  • It increases the case of frauds, unlawful marriage and forceful marriages
  • Prevention of polygamy
  • It also increases the occurrence of polygamy
  • Helps women to claim maintenance
  • It is not beneficial for women
  • Marriage registration makes the marriage legal
  • The marriage cannot be said to be legal

Marriage registration is an essential aspect of the modern world. This will protect the right of women in India. With most of the women being illiterate, compulsory registration would curb the cases of fraud and ensure the protection of women rights. It would ensure that all the conditions of a valid marriage are fulfilled. Without this, women rights will be severely be affected.

Takeaway

Weddings are a big affair in India. But apart from the wedding, marriage registration holds great importance in today's world. This process helps to get legal recognition of the relationship. It also provides security to both the husband and wife if things don't go as planned. Like in case of divorce, the legally registered marriage will make the divorce proceeding go smoothly. And, when either of the spouses dies, if the marriage is registered, it makes the life of the surviving spouse simpler, for example, in claiming life insurance etc.

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