This article is authored by Anindita Deb and has been further updated by Nimisha Dublish. The article talks about the procedure of registration of marriage for Hindus. It also covers why it is essential to register marriage and gives an insight into how marriage evolved from a social concept to a legal one.

This article has been published by Anshi Mudgal.

Introduction

What is the first thing a person desires to have in the later years of his/her life? What is the source and sense of support that morally boosts and helps a person to reach great heights in life? While reading these questions, you might have got the answer in your mind. You need your life partner or family, without whom the world would be challenging to survive.

As humans, we all crave companionship; we all struggle somewhere. We need the ultimate support of someone we know will never leave our side despite the highs and lows of our lives. To maintain this companionship, we all need marriage commitment at some point. Marriage, especially in Indian culture, is considered a sacred ceremony that leads to the meeting of mind, body, and soul. Marriage is that thread that weaves individuals into one spiritual bond. 

In India, marriages are considered a significant milestone. There is nothing like a small wedding in India. Planning for marriage starts as soon as a child is born. Families go to great lengths to ensure every ceremony detail is perfect and memorable. Although marriage began as a pure and religious concept, it has become complicated and, at times, prone to fraud. So, today, it is essential to ensure that marriage is legally registered in our country. This article details the procedure one must follow when registering marriage through various means and under multiple legislations.

What is the registration of marriage?

Marriage registration is getting the marriage recorded in the official government database. It is one of the most critical and responsible steps a couple should take. As we know, marriage is a sacred commitment between two individuals to share the rest of their lives; they must ensure that their rights are protected by law. 

After registering the marriage, the couple is issued a marriage certificate proving their marriage. A marriage certificate is an essential legal document that officially recognises two people’s entry into a union. 

Apart from being a mere proof of marriage, it also helps you avail some perks like couple benefits or discounts while travelling abroad and get out of certain complications like divorce, etc. Even in the cases where things do not go well and the spouses consider opting for a divorce, in such cases, a marriage certificate is required to claim certain rights and benefits. If someone claims for maintenance also, then in that case, a marriage certificate is needed as a substantial piece of evidence to prove that the marriage was legally registered under the law. Moreover, it is essential to process insurance claims if one partner passes away, as it legally verifies the marriage.

In 2006, the Supreme Court of India, in the case of Smt. Seema vs. Ashwani Kumar (2006), made it mandatory to legally register the marriage with the registrar under the applicable law. With the advancement of technology, couples can register their marriage online from the comfort of their homes.

Need for registration of marriage

1. Mandatory registration of marriages can help enforce laws against bigamy and polygamy. Tracking whether an individual has been involved in multiple marriages will become easier. This will help us to prevent illegal polygamous relationships in India. The maintenance of official records would help to ensure transparency, verify marital status, and avoid any sort of fraudulent claims.
2. Many issues also arise when individuals, especially Non-Resident Indians (NRIs) or foreigners, enter into fraudulent marriages with Indians. Without proper registration, it is almost impossible to prove the existence of marriage in foreign courts. This could be very difficult and sometimes challenging for the victims to seek compensation or justice.
3. The registration of marriage with a public authority will ensure that all parties are entering into the marriage voluntarily. This adds a layer of oversight to prevent coercion and forced marriages. The registration process involves checks and documentation, which further help confirm the parties’ mutual consent. By doing this, any sort of forced marriage won’t go unnoticed. 
4. Compulsory marriage registration can help detect and prevent child marriages. The registration process includes thorough documentation and scrutiny of every detail to ensure that all requirements are met to constitute a valid marriage. If the registration process is followed seriously, then the authorities will be in a better position to detect cases of child marriage, if any. They can also take prompt action to address the violation of laws. 
5. India became a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on July 30, 1980, and ratified it on July 9, 1993. A notable reservation reflected the practicality of implementing compulsory marriage registration in a country with diverse customs and literacy levels. This reservation was concerned with Article 16(2) of the CEDAW, which recommends compulsory marriage registration. By implementing procedures for mandatory marriage registration, the national laws can also align with international standards. This will also help to meet domestic and international human rights standards/frameworks.
6. The 18th Law Commission of India, in its report number 205 2008 on the subject titled “Proposal to amend the Prohibition of Child Marriage Act, 2006, and other allied laws,” also suggested making marriage registration compulsory. The main aim behind bringing these suggestions was to ensure that all marriages must be registered officially. This would help resolve legal issues and protect the rights of individuals who are suppressed by those who make fake marriage promises. 
7. Despite the push to make marriage registration compulsory and implement international obligations such as CEDAW, India still faced many hurdles. India’s immense diversity in its customs and practices makes creating a system that fits all religions further complex. Different communities and religions have their ways and traditions of doing things. This makes it somewhat more critical to implement rules that mandate marriage registration to have uniformity nationwide. 

Legislation under which a Hindu marriage can be registered in India

Currently, two laws govern the marriage registration for those who come under the Hindu religion. These statutes are as follows:

The Hindu Marriage Act, 1955

In India, the marriage registration depends on the religious background of the individuals involved. If both the partners are Hindus, Buddhists, Jains, or Sikhs, or even if they have converted to any of these religions, then the Hindu Marriage Act, 1955, would apply. The Act governs the marriages under the Hindu religion that have already been solemnised as per Hindu traditions, customs, and rituals. It is important to note that the Hindu Marriage Act, 1955 only applies to marriages that have already been formally celebrated. It does not cover the initial steps of the solemnisation of a marriage.  

The Special Marriage Act, 1954

On the other hand, the Special Marriage Act, 1954, provides a broader framework for registering marriages. The Act caters to marriages where the partner is not necessarily a Hindu, Buddhist, Jain, or Sikh. The Act facilitates both the solemnisation and registration of marriages, irrespective of religious background. This means that even couples from different regions can have a marriage legally recognised by society without meeting the criteria followed by traditional religious beliefs. 

Marriage registration under the Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955, applies to all Indian states and union territories. One of the main provisions, Section 5(iii) of this Act, states that the minimum age of marriage for a bride is at least 18 and for the groom is at least 21. Individuals belonging to the mentioned religions will be eligible for marriage only when they attain the age of majority as per the Act.

Eligibility to register marriage

Section 2 and Section 5 of the Hindu Marriage Act, 1955, lay down the eligibility criteria for solemnising and registering the marriage. Both sections are mandatory for getting the marriage registered legally. 

Section 2 of the Act talks about the individuals who qualify as Hindus for this Act. The followers of Virashaiva, Lingayat, or those who adhere to the Brahmo, Prarthana, or Arya Samaj movements are considered Hindu. It is also applicable to anyone domiciled in the territories where the Act applies, provided they are not Muslim, Christian, Parsi, or Jew unless it can be proved that they were not governed by Hindu law, custom, or usage if this Act was not passed in the first place. 

Section 5 specifies that a Hindu marriage can only be solemnised between two Hindus. This was reiterated in the case of Vijayakumari vs. Devabalan (2003). In this case, it was ruled that a marriage between a Hindu man who had converted to Christianity and a Christian woman who had, in disguise, adopted Hindu rituals was not valid. 

Section 5 further states the conditions for solemnising marriage under the Act. It lays down the following conditions for the marriage to be eligible for solemnisation:

• Neither party had a living spouse at the time of the marriage.
• Neither party can give valid consent to it in consequence of unsoundness of mind.
• Though capable of giving valid consent, neither of them has been suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
• Neither party had a living spouse at the time of the marriage.
• When marriage, the bridegroom must be at least 21 years old, and the bride must be at least 18.
• The parties are not within the degrees of prohibited relationship unless the custom or usage controlling each of them allows for a marriage between the two.
• The parties are not sapindas (one is a lineal ascendant of the other) unless each party’s custom or usage allows for a marriage between them.

The old recognised customs, Smritis and Shrutis, give Hindu personal law its life and breath; hence, it is a key condition for a marriage to be registered after the customs of the said specific group or tribe complete it.

What are the degrees of prohibited relationship?

Two persons are said to be covered under the degrees of prohibited relationship if;

• One of them is the lineal ascendant of the other,
• If one was the wife or husband of a lineal ascendant or descendant of the other,
• If one of them was the wife of the brother or the father’s or mother’s brother or the grandfather’s or grandmother’s brother of the other,
• If the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or two brothers or two sisters.

A marriage that falls into one of the criteria above is considered null and void.

Exception

Customs play a vital role in Hindu marriages under the Hindu Marriage Act (1955). Even if two people fall within the degrees of a prohibited relationship, they can still have a valid marriage if their custom allows that. So, if a particular community or a group has a traditional custom under which such union is permitted, then it is allowed under this exception. This means that the exception condition can override the provision of degrees of prohibited relationship. 

Punishment 

A marriage between people who fall under the provisions of degrees of prohibited relationships is considered invalid under the Act. The parties to such a marriage are not supposed to be married under law. Such a marriage is null and void. The parties might face a simple imprisonment of up to one month or a fine of Rs. 10,000 or both, as per Section 18(b) of the Act. 

Solemnization of Hindu marriage under Section 7 of the Hindu Marriage Act, 1955

Section 7 of the Hindu Marriage Act, 1955, lays down all the necessary ceremonies and rituals considered valid for a Hindu marriage. Per this provision, a Hindu marriage can be performed per the parties’ traditional customs. As we read the Section thoroughly, we can see that one of the key rituals that Section 7 talks about is Saptapadi. Yes, Saptapadi is also known as the seven steps taken around the holy fire by the bride and groom. Each step around the sacred fire represents a promise and commitment towards each other. The marriage is deemed complete and bonding once the seven steps are taken. 

Also, both parties must understand the language of the ceremony and mutually consent to marry each other. Each partner places a ring on the other’s finger and ties a thali (mangal sutra). The wife wears the sacred thread, mangal sutra, to indicate her married status within Indian society. 

Registration of marriage under Section 8 of the Hindu Marriage Act, 1955

Section 8 of the Act outlines the requirements for registering a Hindu marriage. The state government is crucial in providing and facilitating the procedure and required infrastructure. The state government must ensure that the couples enter into a legitimate marriage as per the terms and conditions provided by the law. When it comes to implementing the rules for marriage registration, the state government is responsible for representing these regulations to the state legislature as soon as they are established. 

Under this section, the marriage registrar has specific responsibilities. The registrar must thoroughly review the documents and evidence related to the marriage to ensure that all the conditions are met.

Offline Hindu marriage registration procedure in India 

Registration of marriage can be a complex task for a lot of people. Hence, it is better to be informed about all the steps to follow along the way and what documents one will need. Marriage can be registered online or offline, and all the details regarding both procedures have been laid out below for a hassle-free marriage registration experience. Following is the list of questions one has during the marriage registration process, along with the answers to them:

Where does one have to go to register their marriage

To get your marriage registered offline under the Hindu Marriage Act, your marriage must be solemnised before the registration. Hence, after solemnisation of marriage, one has to visit the office of the Sub-Divisional Magistrates (SDM), in whose jurisdiction either the husband or the wife resides, between 9:30 a.m. to 1 p.m. on any working day, along with his or her spouse and two witnesses. There, you will be provided with the marriage registration form, in which you have to fill out all the relevant details and submit it back to the SDM.

Documents one should carry while going to register their marriage

Each state has a slightly different procedure for registering the marriage. The paperwork may differ from state to state. However, some essential documents are required by most of them. The following documents are required for the registration of marriage: 

1. Husband and wife need to submit a jointly signed application form. The application form can be procured online or from local authorities dealing with marriage registration.
2. Both parties must have a passport, birth certificate, or matriculation certificate to prove their date of birth. 
3. Both parties must have proof of residence, which can be proved through a voter ID card, PAN card, Aadhar card, ration card, or electricity bill.
4. You must submit Rs. 100 if you register your marriage under the Hindu Marriage Act. In the case of the Special Marriage Act, you need to submit Rs. 150. The fees shall be submitted along with the application form. A copy of the receipt must be duly attached to the form.
5. Two witnesses from each side are required at the meeting at the sub-registrar’s office. Two witnesses who attended the wedding are also required if the marriage is solemnised. 

Additional documents/requirements

• Both husband and wife are required to sign an affidavit. The affidavit must confirm the location and date of the marriage. It shall also contain the date of birth, marital status at the time of registration, and their nationality. 
• They must carry two passport-sized photographs of both husband and wife and a wedding photograph.
• If the wedding invitation card is available, it should also be brought along.
• If the marriage was solemnised in a religious setting, the certificate from the priest who performed the ceremony is necessary. 
• The couple must pay the marriage registration fees to the district cashier. The receipt of payment must be obtained from him and be attached to the application form. 
• A statement affirming that both parties are not related to each other in the manner provided under the degrees of prohibited relationships must be provided. It is essential under the Act and must be complied with. 
• It is important to mention previous marital status. Divorcees need an attested copy of the divorce decree or order, and widows/widowers must provide an attested copy of the deceased spouse’s death certificate. 
• If one of the spouses is not a Hindu, Buddhist, Jain, or Sikh, the priest who solemnised the marriage must provide the conversion document. 

Steps to be followed to get a Hindu marriage registered offline

One can follow the steps mentioned below to get their marriage registered under the Hindu Marriage Act:

• A visit to the nearby Sub-Divisional Magistrate (SDM) is necessary to get the marriage certificate form. 
• The form must be filled out carefully and accurately. Make sure that all required details are filled in. 
• If the bride has changed her name or surname after marriage, it shall also be indicated in the form. Under the Special Marriage Act, you need to have two witnesses present at the time of the wedding. They can be a family member or friend. 
• Witnesses have to sign the documents and provide their personal information. Ensure that both spouses sign all the necessary paperwork and documents for marriage registration. 
• Attach the wedding photograph and a copy of the wedding invitation card to the application form. Both parties must submit the address proof to the SDM office. 
• A careful review of all details must be done before submitting the registration application and the required documents. 
• Retain copies of the completed application and documents submitted for your records. 

How long will it take to receive a marriage certificate

When registering a marriage under the Act, we typically get a response from the SDM’s office in about 15 days. The communication regarding issuing a marriage certificate will reach you within these 15 days. The office will notify them about the date they must appear in person. On the said day, both parties and a Gazetted Officer who attended their marriage must be present before the Additional District Magistrate (ADM). The certificate is issued on the same day.

However, this waiting period can extend up to 60 days in the case of a marriage under the Special Marriage Act, 1954. The details of the registration procedure under this Act have been appropriately discussed in the following section. 

Hindu marriage registration procedure under the Special Marriage Act, 1954

If a couple does not prefer to follow Hindu marriage rituals, or if either of the couples is not a Hindu, then they have the option to get the marriage registered under the Special Marriage Act, 1954. The registration process given under this Act is mainly similar to the Hindu Marriage Act, 1955. Under this Act, the couples who are Hindu or non-Hindu can also register and solemnise their marriage. It allows the couples to marry each other without the requirement to adhere to the rituals of their particular religions to be followed. 

The fee for registering the marriage under this Act is only Rs. 150, slightly higher than the Hindu Marriage Act. As per the Hindu Marriage Act (1955), two witnesses were required, but in the Special Marriage Act, three witnesses are required, and complying with this condition is mandatory. The witnesses must be present to sign the necessary documents to solemnise and register the couple’s marriage. 

One should expect a response from the SDM office within 60 days for offline registration. The main advantage of this Act is that it does not require any parties to convert into another religion. Couples can maintain their respective religions after marriage. If the couple does not go through a traditional wedding ceremony, they can still get it solemnised under this Act. The marriage can be registered, and all legal formalities can be completed without even holding a formal wedding. SDM, Deputy Commissioners, and ADMs are eligible to get the marriage registered for this Act. Following is the whole procedure of solemnisation of marriage:

Procedure for solemnization of a marriage under the Special Marriage Act, 1954

The procedure of registering the marriage under the Special Marriage Act, 1954, is as follows:

• First, the parties who have agreed to marry each other have to submit their documents and issue a notice of their intention to marry. In this case, the notice is considered a formal declaration that the parties who are getting married have the intention and will to marry each other and are looking forward to getting it registered as well.
• Once the notice is served, the Sub Divisional Magistrate (SDM) will post a copy on the notice board in their office, which will serve as a public notice showcasing the parties’ intention to marry each other. 
• Now comes the 30-day objection period. In this 30-day window, which starts immediately after the notice is posted, anyone has the right to object to the proposed marriage. In case any objection is raised by anyone, the SDM is required to address it. This means the SDM must also end the investigation as soon as possible and resolve the issue within 30 days. 
• If there are any objections as discussed above, the SDM cannot proceed with the marriage registration until that issue or any objections raised are resolved. 
• If the SDM thinks they cannot proceed with the marriage registration, any party can appeal in the District Court. Under the provisions of this Act, the period for filing the appeal is 30 days. 
• The marriage will be registered within 30 days of serving the notice if no objections are received. 

Online Hindu marriage registration procedure in India

In today’s world, we can see that many services have been shifted to an online model. Nowadays, be it your grocery requirement, medicines, or food, we all have online apps like BlinkIt, Swiggy, Pharmeasy, etc. with us. Not many know that the marriage registration system has also moved to online platforms. The digital shift has brought many advantages for its users. Let’s just say that the COVID-19 pandemic has played a massive role in bringing this technological and digital advancement. The online platform has not only been digitised but has also made it a lot easier and more convenient. Earlier, there was a requirement to visit the marriage registrar multiple times, but now the process has been streamlined. The general overview of the process is as follows:

• Visit the official portal.
• Create an account.
• Fill out the application form.
• Upload the required document.
• Pay the registration fees.
• Apply.
• Schedule an appointment.
• Receive marriage certificate.

Step-by-step procedure to get your Hindu marriage registered online (in Delhi)

1. The newly married husband and wife have to visit the official site of Delhi to book an appointment from the e-district site – https://edistrict.delhigovt.nic.in/
2. On the website’s homepage, you will see an option that reads “Registration of Marriage.” Below is a screenshot for reference.

3. If you visit this site for the first time, you must register. For subsequent visits, you can use your login credentials, which you created when you registered. 

4. Now, choose the district. The district can be where either the husband or the wife resides. Any one of them can be entered here. One has to enter this information correctly because this place will be considered the official place where the marriage is officially registered. 
5. The remaining form must be filled out with details such as the date and location of the marriage, personal information of both bride and groom, information about the witnesses, and finally, the appointment date for registration. 
6. Now you have filled out the form, and all necessary details have been filled out correctly. Now you must carefully upload the required document in the form it is asked for. Ensure you have all these documents before filling out the form. Otherwise, there will be trouble filling out and finding the documents during the process. 
7. Once you have uploaded the documents, the application form is complete, and now you can submit it. 
8. After you click submit, a page will display all the instructions and confirmation details. Please review this page with the utmost care and attention.
9. You must download and print the hard copies of the documents for your good and reference. You may need them in the future in case any dispute arises. 
10. Submit the affidavit in the required format, and you can download the affidavit form in PDF format from the provided link.
11. Along with the documents, a hard copy of the application form will be given to the Sub-Divisional Magistrate’s office, where all paperwork will be validated.
12. You can complete the necessary procedures in the SDM’s office.
13. Now you are eligible to get the marriage certificate.

Importance of obtaining a marriage certificate

A marriage certificate is more than just a piece of paper. It is a document that officially proves that a marriage has been registered with the appropriate authorities. It is essential not only for validating the marriage but also for a wide range of purposes. In health insurance and inheritance cases, a marriage certificate ensures the couple seeking such benefits is married. When a person is required to update the name, marital status or obtain a driving license, etc., then in such cases, a marriage certificate acts as a supporting document to prove the status of the person. In divorce and separation, it also helps prove that the person is eligible for specific government aid or programs. Some of the other uses for which a marriage certificate is required are as follows: 

• To change one’s maiden name.
• For opening a new bank account.
• For getting a passport or a visa.
• For applying for a certificate of income.
• To obtain the insurance payout.
• To claim assets if your name appears in a will with a relationship, among other factors.

Purpose served by a marriage certificate

The marriage certificate’s primary purpose is to ensure that both husband and wife have equal rights within this marriage. It also includes the wife in matters of availing rights of heritage. Ever since the Supreme Court made it compulsory to obtain a marriage certificate, instances of social evils like bigamy and child marriage have been reduced. The certificate also helps you to avoid cases of fraudulent marriages, which have become very common, especially in the cases of NRI marriages where the husband abandons the wife and runs off to a foreign country with all the money and property received in the form of dowry. 

In many cases, primarily NRI marriages, there can be many troubling issues of fraud. These are the situations where the marriage is done based on dishonest intentions and is often done to exploit or deceive the other partner. One common scenario is that the husband abandons her after receiving the dowry from the wife and flies to another country. In this case, the wife is left without any resources to seek justice. Such situations are not only financially hurtful but also deeply emotional and have a longing psychological effect that leads to trust issues, shattered dreams, and a sense of betrayal. The spouse who suffers may find themselves stranded in a foreign land and struggling to get a place to survive. It is for these purposes, a marriage certificate is essential to prove the status of a person and also seek justice.  

Non-resident Indian (NRI) marriage registration

Certain conditions must be fulfilled if someone wants to register an NRI marriage. Once the conditions mentioned in the bill are fulfilled, a marriage can be registered under the Registration of Marriage of Non-Resident Indian Bill, 2019. The conditions that are required to be fulfilled are as follows:

One of the most essential requirements for a marriage to be considered valid under the Bill is that at least one of the partners must be an Indian citizen. This condition is non-negotiable; hence, the husband or wife must hold Indian citizenship. In case both are NRIs, then the marriage can be considered an NRI marriage. It is the fundamental, or we can say the foundation, of the Foreign Marriage Act (1969) that one of the couples must be an Indian citizen.

None of the parties should have a living spouse at marriage. The marriage shall be considered null and void if this condition is breached. This is because bigamy and polygamy are prohibited under the Special Marriage Act, 1954, and it also includes NRI marriages. 

The mental condition of the parties is also an important aspect. To be considered a legal and valid marriage, both parties must be of sound mind and mentally prepared to enter into the institution of marriage. This condition applies to all marriages, including NRI marriages. In case of any forceful marriage or pressure, the marriage shall be considered null and void. 

The essential requirement for any person to get married is the legal age of that person. When the marriage occurs, the girl must be at least 18 years old, and the boy must be 21. If this condition is breached, the person shall be liable for imprisonment and a fine. Certain prohibited degrees of relationship are given under the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. If the condition is breached, the marriage will also be considered null and void. It shall only be accepted if a particular religion has a customary practice or tradition. 

Registration requirement for NRI marriages in India

The registration of NRI marriages in India is either done under the Special Marriage Act or under the Act of a specific religion that covers the registration of NRI marriages in India. However, the online registration of marriage certificates is based on the provisions mentioned in the Registration of Marriage of Non-Resident Indian Bill, 2019. The registration procedure is lengthy, and NRIs must undergo a complicated procedure to register the marriage. 

The NRI partner has to get their documents verified. By providing the required particulars and proof, it shall be proved that the person is an NRI along with the marital status, i.e., single, married, divorced, etc. The NRI will also provide the employment details, qualifications, post, salary, office address, employer details, etc., to authenticate his/her status and identity. 

When considering a person’s immigration status, it is essential to verify various key factors thoroughly. First, determine the type of visa for which the person has applied or possesses. Second, the eligibility to bring the spouse to another country. It is essential to check whether the spouse meets all criteria to be considered legally wedded in another country where he/she is taken. All these processes require reviewing the documents and identity proofs.

When you assess an NRI spouse, it is essential to see their financial stability. Whether or not they can maintain a secure and comfortable life for themselves and their spouse, it is necessary to carefully examine the NRI’s property documents regarding the ownership of assets and the legitimacy of such assets or documents. 

In addition to all of this, it is essential to check the background of the NRI partner. Whether investigating the family, their social relations, or their environment, it must be ensured that the family is reputable and has a clean record. Confirming that the spouse does not have any criminal records is also essential. A clean record will ensure the safety and security of the spouse. 

Registration of Marriage of Non-Resident Indian Bill, 2019

As we discussed above about NRI marriages, we were able to see that there are many instances where we need a check or a stricter law to ensure that nothing illegal can be done. So the primary objective of bringing this 2019 Bill was to tackle and curb the instances where women are mistreated and left behind by their NRI spouses. The aim was to safeguard women’s rights and give them certain rights to fight for themselves. This is why marriage registration was mandated under the Hindu Marriage Act, 1955. By establishing a procedure that is mandatory to follow for anyone looking up an NRI marriage, transparency and scrutiny have been brought into the picture.  No one can easily misrepresent himself or fool others by providing fake information. The registrar will maintain the database and can be referred to in legal matters. 

Key requirements under the bill

1. The bill makes it mandatory that marriages involving NRIs be registered within 30 days of the wedding. This condition applies to situations wherein either marriage is done in India or abroad. If the marriage is done in India, it must be registered with local authorities or the marriage registration office. In cases where marriage is done abroad, the registration must be done through the Indian embassies or consulates. 
2. If the couple fails to register the marriage within 30 days, the passport of the NRI spouse can be seized. This coercive measure is required to ensure compliance with the laws. 
3. The individual might be summoned to court for failing to register the marriage if conditions are breached. An arrest warrant can also be issued if the individual does not appear. 
4. The bill defines an NRI as any Indian citizen residing outside India without specifying the duration of stay. The definition covers all Indian citizens living abroad without any requirement about the length of their stay there.
5. Any NRI who fails to register after 2 months abroad would face penalties under the bill.

Comparative analysis with other religions

Muslim marriage

In India, Muslim marriage has different concepts and procedures than that of Hindu marriage. In Islam, marriage is not considered to be as sacrosanct as it is in Hinduism; instead, it is a civil contract between a man and a woman. In Islam, marriage is considered an Ibadat (devotional act). As per the Prophet, marriage is an obligation, i.e., wajib, for every Muslim man who is physically fit. It is seen that the person who marries completes his half of the religious duties, and the rest he does by leading a virtuous life. Islam considers marriage as a Sunnat. 

Requirements/essentials of Muslim marriage

1. Ejab-o-Kubool means a formal proposal made by one party and accepted by the other party during a marriage contract. Herein, the Ejab stands for a formal proposal, and Kubool stands for acceptance. The acceptance must be made in the same meeting or session when the proposal is being kept. To ensure that the consent is given freely and without any undue influence or delay, it is necessary to ensure that the language used during this process is straightforward and unambiguous. It is essential to have a clear and transparent understanding between the couple throughout the whole process of marriage. 
2. The parties’ consent must be free and mutual. There shall be no coercion or undue pressure on any of the parties. There shall be no external influence or change in circumstances that may lead to a statement, not from the free will of any of the parties.
3. One of the most referred Sunni schools of thought, Hanafi jurisprudence, states that two witnesses are mandatory for the marriage contract to be valid. The witnesses ensure that the marriage is done according to Islamic rituals and can provide testimony in the future if needed. In Shias, the presence of a witness is not required for the marriage to be valid. 
4. The bride and groom must have attained puberty at the time of marriage. Puberty in Muslim law is considered the age of maturity and legal responsibility. 
5. Both parties must be of sound mind and mentally capable of understanding that they are entering into a marriage contract. It shall be an informed decision, and parties must be aware of the implications and responsibilities of marriage. 
6. Marriage is prohibited between close blood relatives such as siblings, parents and children, affinity, fosterage, iddat (in case of remarriage of women), etc. 

Legal effects of marriage on Muslims

In India, Muslim marriages are governed by the Muslim Marriages Registration Act, 1981. Section 3 of the Act contains provisions for the registration of Muslim marriages. The process should be completed within 30 days after Nikah is done. After the Nikah, both bride and groom sign a document known as Nikahnama. This is the document that is considered as a contract containing all the terms and conditions of marriage. It is also legally binding. 

Once the Nikah is performed and the Nikahnama is signed, any sexual relation between the couple is legally recognised and protected by law. Any children born from this marriage are legitimate. The husband must provide maintenance to his wife. The maintenance includes all the requirements related to food, clothing, lodging, and other support required for the well-being. The husband shall fulfil his maintenance obligations no matter the wife’s financial status or condition. Even if the wife is financially independent, the husband must provide for her needs. A husband must also financially aid and maintain his children.  

In a marriage, as we can see, both partners are responsible for fulfilling each other’s daily needs, including their well-being, education, lifestyle, etc. Any agreements made in the marriage contract need to be respected and followed by each party. This covers the aspects of maintenance, dower (known as Mahr), etc. The dower or Mahr is the sum of money or property the husband provides to the wife as part of a marriage agreement. It was meant to show respect and is a key component of the marriage contract. The amount of Mahr should either be paid before or after the marriage. 

Christian marriage 

In India, Christians are considered the second-largest minority community after Muslims. The Indian Christian Marriage Act, 1872 governs Christian marriages in India. The Act also covers marriages between Christians and non-Christians. As per the Act, a marriage is considered valid between a Christian and a non-Christian. The only main requirement for the marriage to be considered legitimate is that a priest or minister solemnise it. Section 4 of the Act provides for the conduct during the Christian wedding. There is no need for the non-Christian partner to undergo proselytisation as per the case of Subhashchandra Ishudas Parmar vs. State of Gujarat (2011).

Requirements of Christian marriage

1. According to the Christian Marriage Act, the minimum legal age for the bride is 18, and for the groom, it is 21. 
2. Proper consent must be obtained from each party. The consent must be informed, voluntary, and free from coercion.
3. None of the parties shall have a living spouse at marriage. This is done to prevent bigamy, which is prohibited per the Act. 
4. Either party must notify the minister of religion about their intention to marry each other. The notice shall be given if both parties reside within the same territorial limits. If they live in different areas, they shall send notices to the respective district marriage registrar in their respective regions. The minister is responsible for issuing a certificate once the necessary notices are received.
5. If any of the parties is a minor, the minister is required to return the notice within 24 hours. If the notice is not returned within the specific time frame to the parties, it shall be forwarded to the Senior Marriage Registrar. 
6. Section 5 of the Act authorises specific individuals eligible to conduct a Christian marriage. If the marriage is conducted by anyone other than the following, it shall be considered null and void. They are as follows:
   1. Clergyman from the Church of Scotland
   2. Minister of religion
   3. Marriage Registrar
   4. Legally licensed person 
7. Christian marriage must follow the customs and rituals deemed fit by the priest or minister of the church. Two witnesses must be present at the marriage. 
8. If the marriage does not occur within 60 days of the notice, a new notice will be issued to solemnise the marriage. 
9. Part IV of the Act makes it mandatory to register the marriage. The following procedure is to be followed:
   1. The marriage must be registered in the jurisdiction where the marriage took place. 
   2. The registrar at the time of marriage is responsible for entering all the necessary details in the marriage register.
   3. The two witnesses and the married parties must sign an acknowledgement receipt.
   4. After 30 days of marriage, copies of the acknowledgement receipt must be shared with the registrar general of birth, death, and marriage. 
10. A special provision also allows the marriage to be sanctified if notice is provided before then. This applies to exceptional cases only. 

Parsi marriage

Parsi marriages are governed by the Parsi Marriage and Divorce Act 1936. The marriages must be registered in the registrar’s office. Also, the registrar’s office must be within the territorial jurisdiction where the marriage took place. 

Section 3 of the Act covers certain conditions that are required to be fulfilled to constitute a valid Parsi marriage:

1. Consanguinity refers to the blood relationships between individuals. Marriages that take place between individuals who are related by blood are void. Schedule I of the Act provides for specific relationships considered inappropriate for marriage. Marriages that fall into this list are invalid.   
2. A Parsi priest must perform the marriage, as per the traditional Parsi ceremony known as Ashirwad. Two witnesses must be present during marriage to ensure that religious and community norms are not violated. 
3. A Parsi groom must be 21 years old, and the bride must be 18 years old.

As per Section 4 of the Act, a Parsi or anyone who was previously a Parsi or has changed their domicile is prohibited from remarrying if they still have a living spouse. Only those who have separated legally and have undergone divorce, declaration, dissolution, or annulment can remarry. The couple and three witnesses must sign the marriage certificate to get the marriage registered. The marriage certificate so obtained must be submitted to the marriage officer along with the prescribed fee for registration.  

Why many marriages are not registered in India?

1. There is a significant information gap. Many people, especially in rural areas, are not fully aware of the legal registration requirement and do not know about the benefits of officially registering their marriage. 
2. In many communities, traditional marriage practices are given priority, and they do not seem to require legal registration. They also lack awareness about the consequences or disputes that may arise in the future. 
3. To many people, the procedural aspect of registration might seem complex and cumbersome. As there is a requirement to provide various documents and verify them, many people refrain from doing so. 
4. In rural areas and many other remote areas, there is limited access to registration offices or resources that facilitate the registration process. There is also a lack of infrastructure and trained personnel to handle marriage registration efficiently. This makes it even more challenging for people to get marriage registrations, leading to a lower rate of registrations from these areas. 
5. There is also a social stigma attached to the official registration of marriage, primarily if the marriage is conducted in a non-traditional manner. These mainly involve cases of inter-caste or inter-religious marriages. 
6. In India, many people do not have the documents or identity proofs required to register a marriage or, for that matter, are required to maintain official records with the government. A lack of awareness about the importance of marriage registration relating to inheritance and property rights also leads to not registering marriages. Many people are unaware that having a marriage officially registered is essential to secure certain legal rights.
7. Many marriages are done illegally as well and with ulterior motives to defraud or get benefits out of marriage. Such people do not register their marriage and escape from the official records. 

Relevant case laws

Smt. Seema vs. Ashwani Kumar (2006)

This is a landmark case in the history of cases dealing with the registration of marriages. The Supreme Court of India observed numerous cases related to matrimonial disputes involving dishonest individuals. These individuals denied the existence of marriage. These individuals took advantage of and exploited the system due to the absence of formal marriage records. The Supreme Court observed that this led to complications and disputes, and there was a dire need for maintaining official records and getting marriages registered in India.

Facts

In this case, Seema filed a case at the District Court in Haryana in 2005. Seema used to live in Haryana, and the case was filed due to the recurring conflicts and arguments between her and her husband. The petitioner believed that marriage registration should be made mandatory for all religions to ensure uniformity and clarity regarding each person’s rights while in a marriage. The case was then sent to the Supreme Court of India for judicial review. 

Issues

Before the Supreme Court, the main issue was whether marriage registration could be uniformly regulated under List 3 of the Constitution of India and whether the Supreme Court could give directions to the central and state governments to make marriage registration mandatory for all religions. 

Judgement

The Supreme Court held that marriage registration falls within the ambit of Entry 30 of List 3. List 3 of the Constitution of India pertains to the concurrent powers shared by both the Union and State governments. The Court further declared that marriage registration should be compulsory for all religions once the marriage has been solemnised. It directed all states and Union Territories to implement compulsory marriage registration requirements and file reports on their compliance.

The Court emphasised the need for a uniform approach to addressing the issue of marriage registration to ensure consistency across the country and maintain official marriage records. The court provided a three-month deadline for States and Union territories to report to the Court regarding the implementation of regulations for mandatory marriage registration. 

After the Supreme Court issued guidance, Rajasthan, Sikkim, Karnataka, Bihar, Chhattisgarh, Goa, Madhya Pradesh, Mizoram, Tamil Nadu, and Tripura complied with the order and updated their marriage registration systems. Some states only implemented the registration requirement for specific religious communities; some even failed to take action or did not file reports as required by the order.  

Pranav A.M. vs. the Secretary (2018) 

Facts

In this case, the dispute was regarding the marriage registration between the couple who had converted to Hinduism. The problem emerged when the registrar asked about the couple’s recent religious conversion. The registrar is responsible for the registration and keeping of the marriage records. The registrar sought to review the couple’s conversion documents and started scrutinising the legitimacy of their conversion before proceeding with the marriage registration. This led to the delay of marriage registration, and the process was stuck on the legality of the couple’s conversion.  

Issues

The main issue before the Court was whether the registrar had the authority to question or inspect the validity of a marriage based on an individual’s conversion to Hinduism. The Court was required to determine the registrar’s duties and whether they included verifying religious conversions or whether their role was limited to ensuring the marriage registrations met the legal requirements without entering into the specifics of religious conversions.

Judgement

The court held that if a marriage took place between two individuals who have converted themselves to Hinduism, then in that case, the registrar does not have a role to question their conversion. The Court further clarified that the registrar has no authority to inspect or question the validity of a religious conversion. Also, he has no authority to check the documents related to such conversions during marriage registration. There is no obligation on the registrar to go into the details of parties’ religious conversions that they may have undergone. His focus shall be only on the administrative aspect of the registration relating to their identification. 

Mrs. Valsamma Paul vs. Cochin University And Others (1996)

Facts

In this case, the dispute arose over the validity of a marriage registration. Although the marriage was registered officially, certain religious ceremonies were not performed at the time of marriage. Doubts arose just because necessary ceremonies according to religious beliefs were not performed. This led to the question of whether a marriage can be considered valid without performing essential ceremonies according to religious beliefs.  

Issues

The main issue was whether the absence of traditional marriage ceremonies would invalidate the registered marriage.

Judgement

The Court held that if the traditional ceremonies for marriage are not performed, the marriage shall be considered null and void. The decision was initially based on the belief that mere marriage registration was insufficient to make a marriage valid. Completing the essential ceremonies per traditional customs and practices is crucial to constitute a valid marriage. Only after these rituals were performed was a marriage considered legitimate. This was because ceremonies reflect the importance of traditions and customs. 

However, the perspective was changed by the court’s decision in Seema vs. Ashwani Kumar (2006). The ruling of this case held that the registration of marriage is an essential part of ensuring that the marriage is recognised. It does not matter if all the traditional rituals were followed or completed. The decision of the Court affirmed that the legal acknowledgement of marriage should not be invalidated solely on the ground that some customary and religious ceremonies were not performed. 

Conclusion

In India, marriage registration is primarily governed by two central legislations, i.e., the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. Wherein the Hindu Marriage Act is specifically applicable to only Hindus, including Buddhists, Jains, and Sikhs. The Act gives a proper legal structure and process to register marriages per Hindu rituals and customs. The Act does not allow the solemnisation of marriage by the registrar. The Act only applies to marriages performed per traditional Hindu practices and customs. 

The Special Marriage Act, 1954, is more inclusive than the Hindu Marriage Act, 1955. This is because it applies to all citizens, irrespective of their religion. Second, this Act allows both the solemnisation and registration of marriages. The Act is more useful in cases of inter-caste or inter-faith marriage or where the couple wants a civil marriage.

As time passed and after centuries of traditional customs and practices, technology also evolved. The marriage registration has also become more manageable, streamlined, and accessible to everyone, irrespective of their religious beliefs. Online registration services have been introduced that allow the individual to complete most of the registration digitally. This has reduced the need to repeatedly visit the registrar’s office to submit and approve documents. They only have to see the SDM’s office to finalise and receive the marriage certificate. 

It is vital to obtain a marriage certificate. It has become essential not only for securing legal recognition but also for protecting marriage. The marriage certificate validates the legitimacy of the marriage and safeguards the rights of both partners. If one does not possess a marriage certificate, it would complicate inheritance, property rights, and spouse benefits. Therefore, it is essential to register a marriage, and it is a fundamental process to get legal assurance and protection of rights. 

Frequently Asked Questions (FAQs)

What are the central legislations or laws governing Hindu marriage registration in India?

Hindu marriages can be registered in India under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. The Hindu Marriage Act applies to Hindus, Buddhists, Jains, and Sikhs. The Special Marriage Act applies to all religions, including Hinduism. 

Can a marriage be both solemnised and registered under the Special Marriage Act?

Yes, under the Special Marriage Act, 1954, one can solemnise and register a marriage. The Act allows the registration of marriages between individuals from different religions or those who prefer civil marriage over religious ceremonies.

What degrees of prohibited relationships include?

Under the Hindu Marriage Act, 1955, the prohibited degrees include the lineal ascendants and descendants, siblings, and relatives by marriage, such as a brother’s wife. Marriages that fall under these degrees are considered null and void unless the custom of the specific religion permits them. 

How long does it usually take to receive the marriage certificate?

Under normal circumstances, it takes around 15 days to receive the marriage certificate in India. Once the application for marriage registration is submitted, the process starts, and the certificate is issued within the given time frame, depending on the workload and efficiency of the SDM office.

What if the marriage was done outside India? Can this marriage be registered under Indian laws?

Yes, marriages conducted outside India can be registered in India only if they comply with the requirements given under either the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. As long as the marriage was solemnised as per one of the statutes, the marriage shall be considered valid and can be registered under Indian laws on marriages. 

Are there any penalties for not registering marriage under the Hindu Marriage Act?

There are no direct penalties for not registering the marriage. However, failing to register the marriage can lead to other legal complications, such as problems in inheritance and property rights. Proving the relation of marriage in complicated cases of inheritance and property would be difficult. 

What can be done if a marriage certificate is not issued within the expected time frame?

If a marriage certificate is not issued within the expected time frame, one can contact the SDM office to check the certificate’s status. If the delay exceeds the scheduled time frame, one may file a complaint with the area’s local authorities to inspect or check the matter.  

Where should I register my Hindu marriage?

You can register your Hindu marriage with the local marriage registrar of the jurisdiction where either spouse lives or resides.

What if there is a change in address after the registration of marriage?

In case of a change of address, you must go to the marriage registrar to update your address to maintain accurate records. However, this is not a mandatory requirement. 

What shall be done if someone loses his/her marriage certificate?

You can apply for a duplicate copy with the registrar by paying the required fees. 

What if my spouse is not available during the registration process?

Suppose your spouse cannot be present or is unavailable during registration. In that case, you may need to provide a notarised affidavit stating the circumstances and obtain the spouse’s consent to proceed with the registration.

Are there any specific forms that must be filled out for marriage registration?

Yes, certain forms and documents must be filled out and duly signed by the parties. You can obtain these forms from the registrar’s office or download them from their website.

Can I register my marriage if I married in a temple without legal documentation?

Yes, you can register your marriage, but you must provide some proof of your marriage, such as photographs or witnesses who were present at the time of the marriage. 

Explain the dual nature of Hindu marriage.

Hindu marriage includes both contractual and ceremonial aspects. It is both a legally binding agreement and sacred. The rituals followed in marriage ceremonies are essential and highlight the cultural influence on both couples and society. This dual nature of marriage, i.e., sacred and legal, emphasises the legal and spiritual connection of the couple. Marriage is not only seen as a spiritual or emotional bond but also as a practical aspect where legal recognition is also required.

What is the significance of rituals and ceremonies in Hindu marriage?

In Hindu tradition, marriage is marked by ceremonies and rituals. It is considered incomplete without these rituals, which are believed to sanctify the union and ensure stability throughout the relationship. As said above, marriage is not merely a legal or social event but a sacred rite that requires certain ceremonies or rituals to be completed to be valid. 

How is Rig Veda relevant for Hindu marriages, and what does it say about Saptapadi?

We all know that the Rig Veda is one of the oldest sacred texts that outlines the key rituals of Hinduism. One such ritual is “Saptapadi” known as the “Seven Steps” in Hindu weddings. The couple has to take seven steps together, and that too around the holy fire, and accept each other as partners for life. Each step taken during the wedding represents a vow and a commitment towards each other.

What does Shatapaths Brahmana talk about concerning Hindu marriages? How has the world shifted from traditional practices to modern ones?

Shatapatha Brahmana elaborates on the concept of wide as “half of oneself.” This means interdependence and unity between the partners. In the modern world, the focus has shifted from traditions to creating a legal framework for marriages that is inclusive and reflective of the contemporary values and needs of the people. As a result, the laws are made more stringent, and marriage is seen as more than an emotional or spiritual thing. 

What is the definition and purpose of marriage in Hinduism?

In Hinduism, marriage goes way beyond merely a social contract. It is a sacred institution that helps us gain clarity and form a lifelong spiritual bond as two individuals. The relationship of marriage can be characterised as both consensual and legally binding. In short, two people unite to form a union recognised by society and laws as marriage.

What are Purusharthas? How are they related to marriage?

The marriage relationship is intended to support both spiritual goals, i.e., Moksha, and worldly needs, i.e., Dharma, Artha, and Kama. Dharma is the duty or righteousness that includes both moral and ethical obligations. Artha means the wealth and prosperity necessary for a stable and comfortable life. Kama, also known as pleasure and emotional fulfilment, includes emotional and physical desires. The final thing, liberation or spiritual enlightenment, is the ultimate goal of transcending the cycle of birth or rebirth. 

What ceremonies are performed during a Hindu marriage?

The ceremonies are often elaborate and include Vedic chants, knot tying, mangal sutra (sacred thread), and seven steps (saptapadi). These reflect and symbolise the commitment and mutual support in the marriage.

References

https://uatblog.ipleaders.in/nature-Hindu-marriage-Hindu-law/

https://uatblog.ipleaders.in/marriage-registration-laws-india/

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