Registration is a procedural requirement for various aspects. When it comes to Hindus, marriage is considered a sacramental union, since they believe that ‘marriages are made in heaven’. The ceremonies of a Hindu marriage typically include the couple reciting their vows around the holy fire, Saptpadi, Panigrahan, etc. depending upon the specific customs. In such a case, can the absence of registration have any impact on the status of marriage? Is Hindu marriage legal without marriage? The discussion below deals with the various facets of marriage registration when it comes to Hindus.
Hindu Marriage Registration
The Hindu Marriage Act, 1955 governs marriages among Hindus. Conditions of a Hindu marriage require parties to have attained the age of majority, freely consent to marry, restricting bigamy, and that they do not share Prohibited or Sapinda relationships. Section 8 of HMA provides for ‘Registration of Hindu Marriages’. The provision empowers State Governments to prescribe the procedure for registration of Hindu marriages. The State Government is even empowered to make the registration process compulsory. However, contravention to such compulsory rule may be punished with a fine of Rs 25 as per Section 8(2).
What is the effect of non registration of Hindu marriage?
When it comes to the question of whether a Hindu marriage is invalid without registration, Section 8(5) clarifies that omission of registration does not impact a Hindu Marriage. Thus, the answer to ‘Is Hindu marriage legal without registration?’ still remains a yes because non-registration may bring in some financial penalty but has no impact upon the legality/validity of the marriage.
Why is marriage certificate important in India?
Marriage certificate is a legal document obtained after registration. It becomes a valid proof of marriage for spousal benefits and other processes. In the case of Seema v. Ashwini Kumar (decided on 14-02-2006), the Supreme Court of India advocated for mandatory registration to avoid disputes regarding solemnization of marriage. This means that if you do not have a marriage certificate and your spouse marries again, you will have to prove the solemnization of marriage in the first place, to prove bigamy.
What is a legal proof of Hindu marriage?
People who have not registered their marriage often have this question – How can I prove my marriage without a certificate? Proof of marriage other than marriage certificate often confuses the parties. In such cases, pictures of marriage capturing both the spouses, wedding invitation cards can be of greater help. In addition, the people who attended the marriage, especially the priest who conducted the ceremonies of such Hindu marriage can be reliable witnesses to prove that marriage.
Since the question here pertains to whether Hindu marriage is legal without registration, the mention of the Supreme Court’s decision dated 15-11-2019 holds importance. The Bench of Justice Nageswara Rao and Justice Hemant Gupta in Rathnamma v. Sujathamma clarified that mere registration of an agreement of marriage was insufficient for proving a valid marriage. This reflects that the ceremonial requirements still need to be fulfilled by the parties as per Section 7 of HMA.
Inference
To sum it up, a marriage is legal even without registration. However, it is always suggested to get a marriage certificate soon after solemnization of marriage as per customary practices, to avoid any future disputes.
