INTRODUCTION
Marriage is regarded as a sacred institution in Indian culture. After the wedding ceremony between the bride and groom, specific legal requirements must be met to ensure the marriage is recognized under Indian law. While marriage registration is not mandatory in all countries, many acknowledge its importance. In India, the registration of Hindu marriages serves as legal evidence in court when necessary and is governed by Section 8 of the Hindu Marriage Act, 1955.
Currently, two legislations have been established to address the challenge of marriage registration laws across diverse cultures. They are:
The Hindu Marriage Act, 1955
The Special Marriage Act, 1954
WHO CAN REGISTER A MARRIAGE UNDER THE HINDU MARRIAGE ACT, 1955?
Under Section 2[1] of the Hindu Marriage Act 1955, individuals who are Hindu, Jain, Buddhist, or Sikh by religion, including those who convert or reconvert to these religions, fall under this act and can register their marriages accordingly. The Neeta Kirti Desai[2] case determined that if one party to a marriage is not Hindu, the HMA does not apply.
ESSENTIAL CONDITIONS IN REGISTRATION OF HINDU MARRIAGES
The fundamental requirements for a valid Hindu marriage are outlined in Sections 5 and 7 of the Hindu Marriage Act, 1955, with Section 8 addressing the registration of marriages. A marriage that complies with these fundamental requirements and adheres to established customs can be registered. Nonetheless, merely registering a marriage agreement is not adequate to prove the existence of a marriage.
Validity of marriage under Section 5 of the Hindu Marriage Act, 1955:
1. “The parties involved in marriage must not have a living spouse at the time of his, or her marriage”[3] This is the initial condition among the five outlined in Section 5 of the 1955 Act. Non-compliance with this condition will result in the marriage being null and void, as stipulated in Section 11 of the same Act.
2. “The parties involved in a marriage must not be of unsound mind or have mental disorders to provide valid consent.[4]” The second condition specified in Section 5 sets out three criteria, one of which must not be violated by the parties involved in the marriage. If these criteria are breached, the marriage will be considered voidable, as described in Clause (1)(b) of Section 12.
3. “Legal age for the bride and the bridegroom at the time of marriage.[5]” This requirement stipulates that the legal age for marriage is eighteen years for the bride and twenty-one years for the groom.
Pinninti Venkataramana and Others v. State[6]: The Andhra Pradesh High Court ruled that a Hindu marriage failing the third condition of Section 5 is not void ab initio, as Sections 11 and 12 do not clarify the legal status of such a breach.
4. Degrees of prohibited relationship not abided by and the parties are not spindles[7] Section 3(f) and 3(g) of the Hindu Marriage Act, 1955 define “said relationship” and “degrees of prohibited relationship” to prevent marriages between closely related individuals. Marriages violating these conditions are void under Section 11 unless a valid custom allows such unions.
Solemnization in Hindu Marriage under Section 7 of the Hindu Marriage Act, 1955
The Hindu Marriage Act, of 1955 specifies the ceremonies to be observed in a Hindu marriage under Section 7. This section allows for a Hindu marriage to be solemnized following the customary rites and ceremonies of either party.
Customary Rites and Ceremonies: In this context, “customary rites and ceremonies” refer to traditional Shastri ceremonies that have been practised by a community for a long time. These rites are ancient, well-defined, and mandatory for the marriage process. Different communities may have various ceremonies, and the parties are free to select the customs from either the bride’s or the groom’s side. Still, they must follow the chosen ceremonies fully. For example, if the ceremonies from the groom’s side are chosen, the entire marriage must be conducted according to those ceremonies, and all significant rites must be performed.
Saptapadi: Section 7(2) of the Hindu Marriage Act gives special importance to Saptapadi, which is a crucial ceremony for communities that observe it. A Hindu marriage is only considered complete after the couple has taken seven steps together. If these seven steps are not completed, the marriage is not legally recognized as solemnized.
Provisions on Bigamy: In the case of Lakshmi Devi v. Satyanarayan, the court ruled that Homa and Saptapadi are essential ceremonies in a Hindu marriage. If a person is accused of bigamy, it must be proven that these ceremonies were performed in the second marriage for it to be considered solemnized. Otherwise, the second marriage cannot be deemed valid, and the individual cannot be prosecuted for bigamy.
In Bhaurao Shankar case[8], the court clarified that within Section 7(2) of the HMA, Kanyadan is not as essential as Saptapadi. Kanyadan can be omitted based on the preferences of the bride or her family, unlike Saptapadi, which is a mandatory ritual for the marriage to be recognized.
REGISTRATION OF MARRIAGE UNDER SECTION 8 OF THE HINDU MARRIAGE ACT, 1955
Section 8 of the Hindu Marriage Act, 1955 governs the registration of Hindu marriages. Section 8(1) [9] authorizes State Governments to create rules for marriage registration, which can be made compulsory, but cannot invalidate marriages as prohibited by Sub-section 5 of the Act. For example, the Kerala Registration of Marriages (Common) Rules, 2008 requires that all marriages in the state be registered, regardless of the parties’ religion.
Section 8(2) mandates that Hindu marriages must be registered if state rules are established, and it allows states to set up a Hindu Marriage Register. The Supreme Court in Seema v. Ashwani Kumar[10] ruled that marriages must be registered in the state where they occur, and no rule can contradict this requirement.
Section 8(3) requires that state-made rules for marriage registration be submitted to the State Legislature for legal validation.
Section 8(4) states that the Hindu Marriage Register is a public document available for inspection and can be used as legal evidence. The Registrar must also record divorces as ordered by the court and provide copies of the register for a fee.
Section 8(5) of the Hindu Marriage Act, 1955 states that failing to make an entry in the marriage register does not affect the validity of the marriage. This section only deals with the registration of marriages that have already occurred. The ceremonies for marriage are outlined in Section 7 of the Act, which was amended by the Madras Amendment Act 21/1967. Section 7 requires that a marriage be solemnized in the presence of witnesses and according to the prescribed ceremonies. If the provisions of Section 7 or Section 7-A are not followed, the marriage is not legally recognized under the Act, and therefore, cannot be registered under Section 8.
WHAT CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) HAS SAID ON REGISTRATION OF MARRIAGE?
Before the Hindu Marriage Act (HMA), 1955, marriage registration had little significance. However, the National Commission for Women has highlighted its crucial role in addressing various women’s issues, including:
- Preventing child marriages;
- Ensuring marriages are consensual;
- Preventing illegal bigamy or polygamy;
- Allowing married women to claim rights like maintenance and a home;
- Helping widows claim their rights after their husband’s death;
- Discouraging men from abandoning their wives;
Preventing the sale of girls under the guise of marriage.
EFFECTS OF NON-REGISTRATION AND REGISTRATION OF MARRIAGE
Under Section 8 of the HMA, failing to register a marriage can result in a fine of up to Rs. 25, with both spouses being liable if the registration is not done. However, if only one spouse fails to register, the other spouse is not punished. Registered marriages facilitate obtaining visas from foreign embassies and are essential for legal matters such as divorce, alimony, and child custody, as marriage certificates serve as evidence.
CONCLUSION
Marriage registration is now more common among Indian couples than in the past. The Law Commission’s July 2017 report recommends making marriage registration compulsory for all communities within 30 days of marriage, with a fine of Rs. 5 per day for delays. The National Commission for Women emphasizes that marriage registration is vital for addressing issues like child marriage and bigamy. While non-registration does not affect the marriage’s validity, it is beneficial for legal and practical purposes.
Author(s) Name: Krishi Mittal (University Institute of Legal Studies, Panjab University, Chandigarh)
Reference(s):
[1] Hindu Marriage Act, 1955, s 2
[2] Neeta Kirti Desai v. Bino Samuel George AIR 198 Bom 74
[3] Hindu Marriage Act, 1955, s 5(i)
[4] Hindu Marriage Act, 1955, s 5(ii)
[5] Hindu Marriage Act, 1955, s 5(iii)
[6] Pinninti Venkataramana and Others v State AIR 1977 AP 43
[7] Hindu Marriage Act,1955, ss 5 (iv) and 5(v)
[8] Bhaurao Shankar Lokhande v State of Maharashtra AIR 1965 SC 1564
[9] Hindu Marriage Act 1955, s 8(1)
[10] Seema v Ashwani Kumar (2006) 2 SCC 578
