Marriage in India is treated as a sacrament. It has evolved from the concept of union of souls and body of which the main aim is to procreate. The objective is to legally recognize the union between two people, generally, a man and a woman, in which they are united sexually, cooperate economically, and may give birth to, adopt, or rear children. In India, it is considered to be a permanent union however it may be dissolved through divorce or separation.
Marriage among Hindus
The marriages among Hindus are governed by the Hindu Marriage Act, 1955. According to the Act Hindus shall include Jains, Buddhists, and Sikhs. According to Section 5 of the Act, a marriage between two Hindus may be solemnized upon fulfilling of some conditions.
Firstly, no party should have a spouse living at the time of marriage.
Secondly, both the parties should be of capable of giving consent to the marriage. In other words, a party should not be of:
- Unsound mind, or
- Should not be suffering any mental disorder as to be unfit of marriage, or
- Should not be a subject to recurring attacks of epilepsy or insanity.
Additionally, the groom should not be less than 21 years of age and the bride should not be less than 18 years of age.
The act also prohibits marriage between persons in a ‘degrees of prohibited relationship.’ In simpler words, it means that if a party is the lineal ascendant of the other or if one of the parties is husband/wife of the lineal ascendant of the other, then the marriage is prohibited by Hindu Law. Also, the said section prohibits marriage if the parties are ‘sapinda’ to each other. ‘Sapinda Relationship’ is when the parties are related up to fifth in line of ascent through father and third in a line of ascent through mother. Both above-mentioned conditions can be excepted if the customs or usage governing each of them permits.
Proof of Hindu Marriage under Hindu Marriage Act, 1955 [Registration]
Registration of marriage is a method of proof of marriage. On the presence of the marriage certificate, it is presumed by the law that marriage is deemed to have taken place. There was no provision of the registration of marriages before the year 1956. It was only after the Hindu Marriage Act was implemented in the year 1956, wherein under section 8 it was codified that each state government has a right to make respective rules for registration of Hindu Marriages. This section does not make registration of the marriage compulsory. It merely lays down that the state governments have to make rules for maintaining the marriage register and the compulsory entry of some or all special marriages. Under Section 8(5) it is mentioned that failure to register shall not affect the validity of the marriage.
Under the Hindu Marriage Act, a marriage only between two Hindu’s can be registered. When both the parties to the marriage are not Hindu then such a marriage will be registered under the Special Marriage Act, 1954.
Marriage without the performance of the requisite ceremonies under the Hindu Law is void. And, therefore, its registration is subsequently void ab initio.
Effect of Marriage Registration
- Foreign embassies and consulates do not easily grant visas to the spouse without adequate marriage proof i.e. Marriage certificate.
- In the case of Divorce, Alimony dispute of custodial despite, the Court may insist on the presentation of the marriage certificate.
- It acts as evidence in cases of a second marriage.
- Helpful in issues regarding the succession of the property.
A Hindu marriage which has already been solemnized in accordance with the religious ceremonies can then be registered under the HMA.
It was held by the Supreme Court in the landmark case of Seema v. Ashwani Kumar in2006 that all marriages in India had to be registered and ordered the states to make respective provisions accordingly. It was observed that over the years, innumerable people had denied the existence of marriages by taking advantage of the unavailability of any official records.
Henceforth all states maintain separate provisions regarding the registration of marriages.
How to get Hindu Marriage Registered?
The first step in the process of is to file an application to the sub-registrar under whose jurisdiction:
- the couple is residing, or
- the marriage has been solemnized.
Both the partners need to fill the said application form and submit it along with:
- 2 photographs of the marriage ceremony,
- invitation card,
- age and
- address proof.
Once the application is filed and the verifications of the documents are completed, the concerned officer will provide a date of registration when the certificate will be issued.