The dream of getting married to the person of your choice is one held by nearly everyone. The marriage ceremony in India is immense, regardless of a person’s religion, but there are a few other factors that no one should ignore. It is very important to have the wedding registered legally in order to obtain a marriage certificate.
Marriage registration in court or not is often a topic of discussion. According to the Supreme Court of India, all marriages must be registered before the law to establish a marriage’s legal status. This is an essential document to prove your relationship with your spouse. Nowadays, in an era of constantly changing laws, writing your marriage is an important step that must be taken after the wedding is over. To summarize, a couple legally registers their marriage in government records and obtains a marriage certificate.
Factors to consider when registering a marriage
There are two types of marriage laws in India; the 1955 Law of Hindu Marriage and the 1954 Law of Special Marriage.
If both the husband and wife are Hindu, Sikh, Buddhist, or Jain, or if the couple has converted to one of these religions, it is governed by the Hindu Marriage Law. The Special Marriage Act however applies to weddings of people of all faiths, including interfaith marriages and those of Indians living abroad.
Couples who have already completed their marriage ceremony but later applied for marriage registration are also subject to the Special Marriage Law. The marriage under both the laws must be registered with the appropriate Gram Panchayat, municipal office, or area where the ceremony took place.
Marriage Registration vs. Court Marriage
Generally, the process remains the same, but in special marriage laws, court marriages take place in front of a judge. It is imperative that the applicant who wants to register a marriage provide proof of the union that took place elsewhere and the groom and bride who plan to write the marriage legally.
Registering a marriage: The role of religion
Currently, there are two laws governing the Marriage Registration Act depending on your religion. You have the Hindu Marriage Act of 1955, and you have the Special Marriage Act of 1954. Alternatively, if the partners are Hindus, Sikhs, Jains, or Buddhists, the marriage will be registered in accordance with Hindu Marriage Laws. For a marriage to be registered under the Special Marriage Law, one or both partners must be Muslim, Christian, Parsi, or Jewish. In accordance with these laws, the marriage verification process is not affected by registration, however it may differ from state to state.
In the event you are not of British nationality, you will be registered under the Special Marriage Law. The relevant embassy must send details about customs clearance / NOC and visa within 30 days of your wedding. The refusal to submit may result in the confiscation or revocation of your passport.
The Hindu Marriage Law stipulates that both partners have to apply to the registered in the jurisdiction where the marriage is contracted or where at least one partner has lived for 6 months. A special marriage law, however, requires that both partners inform a sub-registrar under the jurisdiction of at least one partner 30 days in advance. After 30 days, the notice will be placed at the sub registrar’s desk, and if any of the partners are subject to the jurisdiction of another sub-registrar, a copy of the notice will be sent to them both. After 30 days, if no challenges are made to the marriage, it will be registered with the marriage registry.
Why is it Important to Register Your Marriage?
It ensures security for both partners, and it also simplifies working in countries where the rules can change. Couples can travel abroad on spouse visas, and a marriage certificate is required when applying for residency in other countries. Couples with the goal of purchasing property or getting a mortgage will need a marriage certificate from the bank or credit institution.
Marriage certificates serve to establish your legal marriage status. This is especially necessary if you need to get a passport, a visa, or a work permit. A life insurance policy, a pension from a family member, a bank deposit, etc. can also be very helpful when it comes to housing. For example, suppose your spouse dies without a will. A court may also want a copy of your marriage certificate when dealing with divorce/separation/support/custody.
Why do marriages go unregistered?
Registration of marriages is essential, as women might be victims of fraud without it. In short, it denies women social cognition and legal protection. It ensures that marriage conditions are met with compulsory registration. Without registration, women are tempted to marry without having met the legal requirements.
Founded in 1973, the Compulsory Marriage Registration Commission of India has always supported the need for registration. These reforms are being undertaken by the Commission in order to protect women from cruel practices.
Throughout this article, we have discussed why it is necessary to register your marriage in India and the criteria under which you may do so. Registration of marriage in India assists two people in establishing their relationship legally. You are equipped with certain rights that are useful to enjoy a comfortable life in this country. It is especially important that women register their marriages, as they are more likely to be the victims of fraud. Registration plays a large part in preventing fraud in this way.
In any event, you need to be aware of your rights and how you can exercise them under Indian law. Because of this, we have provided you with all of the information required to register your marriage in India. For understanding why it is important to report the marriage and under what conditions you can legally register your marriage in India, it is also important to know what documents are required for registration. Thanks for reading!