INTRODUCTION

Marriage, as per the Vedas, is viewed as a profound social duty and sacred rite, merging two personalities in a union. It is a key component of social structure and establishes positions, duties, and family ties, contributing to the upkeep of social order. This institution unites families and individuals across cultural and religious divides. In India, there is no single nationwide legislation governing marriages because different personal laws apply to different religions. For centuries, marriages were officiated through religious ceremonies, family traditions, and community acknowledgments. In modern times, registering a marriage is important. While some believe registration with the government is just a bureaucratic step, in reality, it plays a crucial role in protecting the rights of both partners. Legal recognition ensures property rights and provides a framework for addressing disputes, inheritance, and taxation. However, not everyone agrees on the necessity of marriage registration, with some arguing it is merely a formality, a legal stamp on a relationship already valid in the eyes of society and tradition.

LEGAL FRAMEWORK FOR MARRIAGE REGISTRATION

In India, marriage registration is governed by several acts based on the religion of the individuals involved, as well as their choice of legal framework which are given as below:

The Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955, is legislation that governs marriages among Hindus, Buddhists, Jains, and Sikhs in India.[1] It governs the conditions for a valid Hindu marriage that is both the parties must be of sound mind, majority age (groom must be 21 years old and bridegroom must be 18 years old) and they should not fall within prohibited degree of relationship.

Section 8 of the Act talks about registration of marriages. It states that the state government can make rules for registration and may even provide punishment for non-registration. But the validity of the marriage will not be affected by failure to register, as a Hindu marriage is largely dependent on the Saptapadi ceremony. This Act places more importance on the religious ceremony than on registration.[2]

 The Special Marriage Act, 1954

The Special Marriage Act, 1954, is a legislation in that provides for marriages irrespective of the religion of the parties.[3] This Act allows individuals of any religion, to solemnize and register their marriage without the requirement of religious ceremonies. This act is secular in nature. Unlike the Hindu Marriage Act, the Special Marriage Act mandates marriage registration. The process for registration of marriages in given under Section 16. It states that marriages may be registered by marriage registrar in a marriage register kept for that purpose. After that the marriage registrar may provide them a marriage certificate which acts as conclusive evidence. There is no need for any ritual or ceremony to be performed if a marriage is registered under this Act.[4]

Marriage Under Muslim Personal Law

Marriage under Muslim Personal Law is governed by the Muslim Personal Law (Shariat) Application Act, 1937[5]. Essential conditions are offer and acceptance (Ijab and Qubul), witness, Kazi, competence of parties, and free consent. A Muslim marriage, being a contract, requires a Nikahnama to be signed. For registration, private registration with Kazis prevails. The Kazis Act, 1880[6] states that presence of a Kazi is not mandatory. The Kazi authenticates the Nikahnama with his signature and seal, serving as proof of marriage.

Indian Christian Marriage Act, 1872[7]

The Indian Christian Marriage Act, 1872 governs solemnization and registration of Christian marriages in India. It lays down the persons authorised, notice procedure, and conditions for registration. Section 37 provides for registration by the Church, with one copy sent to the Registrar General and another kept by the clergyman. However, non-registration does not invalidate a marriage, as performance of religious ceremonies is sufficient.

Parsi Marriage and Divorce Act, 1936[8]

The Parsi Marriage and Divorce Act, 1936 governs marriage and divorce among Parsis. Marriages are solemnized through the ‘Ashirvad’ ceremony by a priest in the presence of two Parsi witnesses. Under Section 6, the priest must certify the marriage and send details to the Registrar, placing the duty of registration on the priest rather than the parties. However, a marriage is not deemed invalid or void solely because it is not registered.[9]

The Anand Marriage Act, 1909 as amended in 2012[10]

The Anand Marriage Act, 1909, provides statutory recognition to the Sikh marriage ceremony known as ‘Anand Karaj’. It acknowledges the cultural and religious importance of the ceremony and provides for the solemnization and registration of these marriages. Section 6 states that the State Government may make rules for registration in a Marriage Register kept by a government officer or local authority. A marriage registered under this Act need not be registered under any other law. But registration is not compulsory and does not affect the validity of the marriage.

In the landmark case of Seema v. Ashwani Kumar[11], the Supreme Court held that registration of marriage is essential as it serves as a presumption of marriage in a court of law, while non-registered marriages cannot claim the benefit of this presumption. The Court further directed both the State and Central Governments to frame rules and procedures for the registration of marriages. Following this judgment, several States and Union Territories took steps to make marriage registration compulsory. More than seventeen states have enacted specific laws, such as the Punjab Compulsory Registration of Marriages Act, 2012, the Delhi (Compulsory Registration of Marriage) Order, 2014, the Haryana Compulsory Registration of Marriages Act, 2008, and the Rajasthan Compulsory Registration of Marriages Act, 2009. In contrast, some States and Union Territories have not enacted separate statutes but have introduced rules to govern the registration process, including the Bihar Marriage Registration Rules, 2006, the Madhya Pradesh Compulsory Marriage Registration Rules, 2008, the Kerala Registration of Marriages (Common) Rules, 2008, and the Chhattisgarh Compulsory Marriage Registration Rules, 2006.

Marriage registration plays a vital role in providing legal recognition and protection to couples.[12] Once registered, a marriage attains lawful recognition, granting spouses enforceable rights, including joint ownership of property and the authority to make vital medical or legal decisions on each other’s behalf in critical situations. It also safeguards the rights of children by ensuring their legal legitimacy, granting them clear inheritance rights, access to family resources, custody protection, and financial support. Registered marriages are particularly important in estate planning and inheritance, as they guarantee the surviving spouse a lawful share in the deceased’s estate, along with access to pension funds, life insurance benefits, and jointly acquired assets, thereby offering financial stability and security.

In international and cross-border matters, marriage registration provides a recognized legal standing, facilitating access to visas, consular services, social benefits, and family reunification abroad. It ensures that marital rights are protected across jurisdictions. In India, registered marriages may also provide couples with tax-related benefits, including joint filing options, deductions, exemptions, and favourable taxable status. Another significant benefit is its role in preventing child marriages, as the registration process enforces verification of the legal age of both parties. This acts as a safeguard against early or forced marriages and promotes awareness of the rights of minors, ensuring their physical, emotional, and educational well-being.

In India, marriage registration is not merely a formality, it is a legal requirement. A marriage certificate serves as conclusive legal proof of the union and is essential for property transactions, obtaining a spouse visa, insurance claims, and proceedings related to separation. This significance is reinforced by judicial pronouncements and recommendations from legal experts and statutory authorities. The Supreme Court, in Seema v. Ashwani Kumar (2006)[13], emphasized the mandatory registration of marriages to ensure legal recognition and protection. Depending on the couple’s religion and preferences, marriages can be registered under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954.

In Kanagavalli v. Saroja[14], the Madras High Court noted that if registration were obligatory, it would simplify the prosecution of bigamy, as the second spouse would at least have proof of a registered marriage. Similarly, in Baljit Kaur & Anr v. State of Punjab[15], the Punjab and Haryana High Court observed that compulsory registration could reduce disputes related to the solemnization of marriages.

The National Commission for Women proposed the Compulsory Registration of Marriage Bill, 2005, which sought to place a duty on both parties to register their marriage. Although the bill has not been implemented and is not currently in force, following the Seema v. Ashwani Kumar (2006)[16] judgment, many states have enacted their own laws mandating marriage registration.

However, an unregistered marriage isn’t considered ‘void,’ but in some states, it can lead to fines or other penalties. Without proper registration, there is lack of recognition, leaving couples vulnerable and unable to enforce marital rights, maintenance, etc. Unregistered marriages also pave the way for child marriages, bigamy, and legal complications.[17] As Indian law does not recognize children born out of wedlock, non-registration impacts property rights, inheritance, and succession claims. Recognition of marital status is also crucial for visa and immigration processes, as an unregistered marriage complicates spousal or family reunification visas. Compulsory registration helps prevent fraudulent marriages, ensures transparency, maintains accurate demographic records for social policy, and safeguards rights by ensuring marriages are legally recognized and protected.

CONCLUSION

Marriage registration in India is not just a formality but an essential legal requirement. While religious ceremonies traditionally conferred social legitimacy, modern legal frameworks emphasize registration to ensure legal security, prevent fraud, and protect vulnerable individuals, particularly women and children. Personal laws, such as the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, provide for the solemnization and registration of marriages, but the Supreme Court in Seema v. Ashwani Kumar highlighted the importance of compulsory registration to safeguard spousal rights and prevent disputes.

A registered marriage provides clear legal proof, enabling access to benefits like insurance, inheritance, visas, and social security. It helps prevent child marriages, bigamy, and fraudulent unions, while securing the legitimacy and inheritance rights of children. Failure to register can make it difficult to prove marital relationships, assert spousal or parental rights, and protect women and children, and it can complicate cross-border matters such as immigration and visa recognition. Far from being a mere formality, marriage registration ensures transparency, legal security, and justice, protecting all parties and minimizing potential conflicts.

In addition to legal protection, marriage registration also promotes social accountability and transparency. By formally recording the union, it creates an official record that can be referenced in disputes or legal proceedings, thereby reducing ambiguities regarding marital status. It also strengthens administrative and civic processes, allowing governments to maintain accurate demographic data and plan for social welfare programs effectively. Moreover, registered marriages facilitate access to financial and social services, such as joint banking, health benefits, and spousal pensions, which might otherwise be denied in the absence of official documentation. In an increasingly globalized world, registration also ensures that the marriage is recognized across jurisdictions, aiding in matters like overseas employment, immigration, and family reunification. Overall, marriage registration not only protects the rights of individuals but also reinforces societal order, accountability, and equitable access to legal and social benefits.

References

[1] The Hindu Marriage Act, 1955.

[2] Himanshu Soni, Registration of Hindu marriages: importance and procedure, AISHWARYA SANDEEP, (Dec. 30, 2023), https://aishwaryasandeep.in/registration-of-hindu-marriages-importance-and-procedure/

[3] The Special Marriage Act,1954.

[4] Rheaa Nair, Validity of Unregistered Marriages in India, LAWYERS CLUB INDIA(Mar.13,2024), https://www.lawyersclubindia.com/articles/validity-of-unregistered-marriages-in-india-14350.asp?form=MG0AV3.

[5] The Muslim Personal law (Shariat) application act.

[6] The Kazis Act, 1880

[7] The Indian Christian, marriage act, 1872.

[8] The Parsi Marriage and Divorce Act, 1936.

[9]Adv. Priyanka Sharma, Parsi Marriage Registration in India, EZYLEGAL, https://www.ezylegal.in/blogs/parsi-marriage-registration-in-india?form=MG0AV3.

[10] The Anand Marriage (amendment) Act, 2012.

[11] Seema v. Ashwani Kumar, (2006) 2 SCC 578.

[12] Rashmi Acharya, Why Is Marriage Registration Important and What Are the Legal Implications? LEADINDIA, https://www.leadindia.law/blog/en/why-is-marriage-registration-important-and-what-are-the-legal-implications/.

[13] Ibid

[14] Kanagavalli v. Saroja, AIR 2002 Mad 73.

[15] Baljit Kaur & Anr v. State of Punjab (2008) 151 PLR 326.

[16] Ibid

[17] Registration of Marriage in India, LAW BHOOMI (May. 12, 2021) https://lawbhoomi.com/registration-of-marriage-in-india/