Connect with us

How To

Is Marriage Registration Mandatory in India? Fact Check

Published

on

A marriage ceremony/solemnization will prove that the bride and the groom are finally married and it is considered to be a legal marriage. But, what makes it legal on papers? Yes, you guessed it right. It’s the marriage registration certificate that will prove your marriage valid under the court of law.

Getting your marriage registered under the court of law has many benefits such as getting a visa, for which a formal registration certificate is required from the Registrar of Marriages.

Is Marriage Registration Mandatory in India? Fact Check

Marriage Registration Mandatory in India

Marriage Registration Mandatory in India

Since India is said to be a secular country, that is, people are living in our country from different religions and cultures and therefore there are different rules for their marriages depending upon their religion.

All these rules are governed by several acts namely, the Hindu Marriage Act, 1955, Muslim Marriage Act, 1939, and Christian Marriage Act, 1872 including the Parsee Marriage and Divorce Act, 1988.

We will now stress upon what happens when your marriage is registered and when it is unregistered under the court of law.

When Marriage is Registered?

  1. It prevents child marriage.
  2. It prevents polygamy, that is, the practice or custom of having more than one wife or husband at the same time.
  3. It ensures the bride to claim shelter and maintenance. It implies that if the couple decides to get a divorce, this legal document will authorize the bride to claim shelter and maintenance.
  4. Marriage is legally authorized under the court of law.

When The Marriage Is Unregistered?

  1. It increases the chances of the more fraudulent, forceful and unlawful marriage of practices. For example, marriage against consent.
  2. Polygamy can exist, that is, more than one marriage can be done by either of the two people in the marriage, initially.
  3. It does not guarantee women safety, that is to say, that if a divorce is filed then the woman will have no authority over the man’s resources and the man is no longer liable to provide any kind of aid to the woman.
  4. Marriage is nowhere there under the books of law, that is, the marriage will not be documented and recorded legally.

Compulsory Registration Of Marriage Bill, 2005, states that all marriages solemnized or contracted between a male and a female, irrespective of the religion or caste of either party to the marriage, and also includes marriages performed as per law, custom, practice or any tradition of either party to the marriage and includes a remarriage are bound for its compulsory registration. It applies to the whole of India and citizens of India living abroad.

  • There are some penalties applied for not following the Marriage registration process under Section 25-28 of The Compulsory Registration of Marriage Bill, 2005. These are as follows:
  1. Any person who tampers with or dishonestly or fraudulently alters the register or any part thereof will be punished with imprisonment for a term which may extend to five years and with a fine of ₹ 5000.
  2. Any person who willfully omits or neglects to submit to the Registrar the Memorandum as required by Section 13, shall be punished with a fine of ₹ 500.
  3. Any person who makes or verifies any statement in such Memorandum that is false in any material particular, which he/she knows or has a reason to believe to be false, shall be punished with imprisonment for 2 months and fine that may extend to ₹ 5000.
  4. There will be punishment for any offense under this Act that will be considered an addition to the punishment provided for the offense by other penal laws.
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *