This article is written by Shweta Singh. This article aims to explain and discuss the decision rendered by the Supreme Court in the case of Seema vs. Ashwani Kumar. The article analyses the judgement with an emphasis on the rationale of the court’s decision and the consequences. In addition, it provides an understanding of the laws that are under consideration in this case. This article also elucidates the practical effects of the judgement on people’s life and society as a whole.

Introduction

Marriage for Hindus is a sacrament and for Muslims a contract. However, in both cases, marriage cannot be broken without a reasonable cause. The instances of increased number of marital disputes and denial of marriages by the husband due to lack of provision for the compulsory registration of marriages have led the court to decide upon this pertinent issue. The Supreme Court in the case of Smt. Seema vs. Ashwani Kumar (2006) (hereinafter to be referred to as “the case” or “present case”) by looking into the grave scenarios existing in the current situation attempted to resolve this issue by suggesting a uniform law for the registration of marriages applicable to every individual irrespective of the religious background. 

This article attempts to critically analyse the judgement rendered by the Supreme Court and its significance in resolving the current issue pertaining to women’s rights under matrimonial relations and safeguarding and protecting the child’s rights against child marriage.

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Details of the case

Name of the case: Smt. Seema vs. Ashwani Kumar (2006) 

Name of the court: The honourable Supreme Court of India

Date of the judgement: 14 February, 2006

Parties to the case

Appellant- Smt. Seema

Respondent- Ashwani Kumar

Represented by: Amicus curiae– Mr. G.E. Vahanvati, the Solicitor General, and Mr. Ranjeet Kumar, senior advocate

Equivalent citations: AIR 2006 SUPREME COURT 1158, 2006 (2) AIR BOM R 783, 2006 (2) AIR KANT HCR 402, (2006) 2 SUPREME 66, (2006) 1 KER LT 791, (2006) 2 PAT LJR 116, (2006) 3 SCJ 101.

Type of the case: Transfer Petition (Civil)  291 of 2005

Bench: Hon’ble Justice Arijit Pasayat, and Hon’ble Justice S.H. Kapadia.

Author of the judgement: The judgement was authored by Justice Arijit Pasayat.

Statutes referred: The Constitution of India, The Hindu Marriage Act, 1955, The Special Marriage Act, 1954, The Registration Act, 1908.

Background of Seema vs. Ashwani Kumar (2006)

Since independence, many measures have been taken to overcome gender inequality. Although these efforts may have brought some advancement, problems like child marriages, bigamy, and gender violence are still quite prevalent in our society despite the laws that are there to prohibit and even penalise the commission of such practices. A large number of marital status disputes are currently pending before the courts. Women are often denied the status of wives due to the lack of official records confirming a valid marriage. The courts have repeatedly underlined the necessity of compulsory marriage registration in order to secure the rights of women and children and mitigate the denial of status to women and the child born out of wedlock. Instances of marriage fraud have also increased, wherein the women are deceived into marriage without performing the necessary marriage rites required for constituting a valid marriage. Such an inverse is solely due to the lack of mandatory registration of marriages.

The persistent cases of child marriage and polygamy demonstrate the cultural and social obstacles that impede the success of reform activities. It should be noted that in spite of the existence of laws like the Prohibition of Child Marriage Act, 2006, and laws against bigamy as provided under the Hindu Marriage Act, 1955, these customs are still prevalent in society due to the long-lasting traditions and not having enough enforcement. Another serious issue is related to gender violence which is still pervasive in society due to preconceived attitudes and lack of effective implementation of statutes like the Protection of Women from Domestic Violence Act, 2005 which primarily addresses the issue of gender violence in society. The fact that registration of marriage is not obligatory increases these problems. Women and children often face legal and social challenges to enforce their rights in the absence of any formal recognition of the marriage. The absence of a mechanism for granting formal recognition of marriages renders the resolution of marriage disputes and cases of inheritance and property rights very difficult, and women end up exposed to abandonment and exploitation. The insistence on compulsory marriage registration is not just a bureaucratic measure, but is the essential path to securing women’s rights and social justice.

The emerging cases of marriage fraud have pointed out the fact that the absence of a formal marriage registration system has rendered women more prone to malpractice. The fraudulent marriages take advantage of the vagueness in the legal procedure, which has the effect of leaving women without any avenue where the requirements of a valid marriage are not met. It was therefore observed by the activist that mandatory registration of marriages may serve as a legal fence and prevent these fraudulent practices, ensuring that all marriages meet the required standards of law and the rights of women are safeguarded.

Facts of Seema vs. Ashwani Kumar (2006)

A case was filed at the District Court in Haryana by the petitioner, Seema, against the respondent, Ashwani Kumar in the year 2005 because of the recurring conflicts and arguments between the couple. During the proceeding, the case was moved to the Court of Additional District Judge (ADJ) in Delhi. On April 15, 2005, an interim order was issued that put the case proceedings on halt. Thereafter, the case was transferred to the Supreme Court of India due to a broader concern that had emerged, i.e. the problem of unregistered marriages.

The matter was transferred to the Supreme Court because of the fact that the absence of official marriage records allowed many people to deny their marriages. This, however, was particularly problematic because very few Indian states had marriage registration requirements included in their laws, and inconsistency in such a requirement among various states resulted in many legal ambiguities and complications in matrimonial disputes. 

Due to the wide-ranging ramifications, the Supreme Court issued notices to different states and Union Territories to submit their stand on the matter. The court approached the then Solicitor General and Mr. Ranjit Kumar, a learned senior counsel, to be appointed as amicus curiae to assist the court on this matter.

In response to the notice issued by the court, all the states and Union Territories indicated their intention regarding the high necessity of introducing a mechanism that resulted in making the registration of marriages mandatory. This consensus highlighted the need for marriage registration to eliminate the misuse of non-formalized marriages, where vulnerable members of society were often exploited.

One of the main questions for which the Supreme Court was called upon to consider in this case was whether mandatory marriage registration should be introduced and adopted through out the Indian territory as a legal requirement. In view of the increase in the matrimonial dispute leading to the denial of marriages in the absence of any uniform provisions for the registration of marriage, the Supreme Court was approached to critically examine the legal framework in existence relating to the registration of marriage among various states. In addition, the court was also called to fill the gap that was present with regard to the inconsistent laws being prevalent among different states, impacting individual rights within marriage.

The case was transferred to the Supreme Court with the expectation of determining the course of mandatory marriage registration that would be useful to simplify matrimonial disputes and provide legal clarity and protection to all of the involved parties.

Issues raised

The main issues before the court were as follows:

  • Whether the registration of marriage should be made compulsory for all the citizens of India. 
  • Whether providing for the compulsory registration of marriage is in accordance with the constitutional principles.

Arguments of the parties

This case before the Supreme Court is a transfer petition, wherein the case was transferred to the Supreme Court to decide upon the crucial issue of the impact posed by the non-registration of marriage on the rights of women, widows, and minor girls. The representatives of various states and Union Territories along with the learned Solicitor General and Mr. Ranjit Kumar, learned senior counsel who were appointed as amicus curiae to provide their stand regarding bringing laws for the compulsory registration of marriage.

All the states and Union Territories unanimously expressed their stance that compulsory registration of marriage is highly desirable in view of the scenarios currently prevalent in the nation. It has been suggested that making registration of marriage compulsory would be a good step towards the elimination of child marriages which are still prevalent in several regions of the country and also in the effective resolution of matrimonial disputes wherein one party takes advantage of the legal lacuna regarding the compulsory registration of marriage.

Laws involved in Seema vs. Ashwani Kumar (2006) 

Hindu Marriage Act, 1955

Section 8

Section 8 of the Hindu Marriage Act provides for the registration of marriage solemnised by following Hindu rituals and ceremonies. Section 8(1) enables the state government to make Rules for the registration of Hindu marriages. This means that the parties in a Hindu marriage, may, if they so desire, have the details of their marriage entered into a special marriage register to be known as the Hindu Marriage Register. The manner and terms on which this registration is to take place shall be in accordance with the rules set by the state government. 

Registration of marriage under Section 8(1) is voluntary in nature, however, as per the provisions contained in Section 8(2) the state government may, if it considers necessary or expedient in respect of the whole or any part of the state, declare that the registration of such marriages shall be mandatory. This may be applicable to all Hindu marriages or any specific cases as determined by the government. It further provided that where the registration of marriage is made compulsory by the state government, the violation of the registration rules may lead to a penalty charge of up to twenty-five Rupees. 

Section 8(3) creates an obligation on the state government to submit the rules formed under this Section to the state legislature as soon as they are created. This avoids the risk of legislative oversight in the establishment of rules. 

It is further provided under Section 8(4) that the register of marriage shall be made available for inspection at reasonable times. Moreover, the register can be used as legal evidence in courts. Copies and certified copies of any extract from this register may be obtained on application and payment of the prescribed fee. While subsection (4) guarantees that the record in the register serves as legal evidence of marriage, Section 8(5) explains that the Indian marriage is not invalid merely because it is not registered. It is to be noted that as per the provision of Section 8(5) even in the absence of registration of the marriage in the Hindu Marriage Register, the marriage is still legal. This provision serves the purpose that the legal sanctity of a Hindu marriage would not be affected by the fact that the marriage was not registered.

The Registration Act, 1908

Section 6

According to the provisions of Section 6 of the Registration Act, of 1908, the state government has the authority to appoint any individual as a Registrar or Sub-registrar. The Registrar shall be responsible for registering the Hindu marriage with the specified district, while Sub-registrar shall register Hindu marriages solemnised within smaller administrative divisions known as the sub-district in a particular state. The provisions of Section 6 allow the state government to appoint any individual whether a public servant or not as Registrar or Sub-registrar, which implies that both government employees (public servants) or private individuals can be appointed, if deemed fit, by the state authorities.

The Constitution of India, 1950

Entries 5 and 30 of List III (Concurrent List) of the Seventh Schedule

Entry 5 of the Concurrent List mentioned under the Seventh Schedule of the Constitution of India, authorises the central government as well as the state government to enact laws with regard to matters concerning “marriage and divorce; infants and minors; adoption; wills, intestacy, and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.” 

Entry 30, on the other hand, authorises the central government to collect information regarding “vital statistics including registration of births and deaths.” as interpreted by the Supreme Court, in this case, the term “vital statistics” encompasses within it the registration of marriage as well.

Judgement in Seema vs. Ashwani Kumar (2006)

Obiter dicta

The Supreme Court observed that after examining the relevant legislation regarding the registration of marriages, it was found that only four statutes mandated compulsory registration. These statutes were:

This Act was applicable in the states of Maharashtra and Gujarat. It was one of the earliest legislations in India to make marriage registration mandatory, aiming to ensure that all marriages performed within these states were officially recorded.

This Act was introduced to mandate the registration of marriages in Karnataka. By enforcing this law, the state aimed to provide legal recognition to marriages and address issues such as fraudulent marriages and disputes over marital status.

The government of Himachal Pradesh implemented this Act to make the registration of marriages compulsory. This legislation was intended to create a reliable record-keeping system, helping to resolve matrimonial disputes and protect the rights of spouses and children.

This act required that all marriages in Andhra Pradesh be registered. It was enacted to provide a legal framework for marriage registration, thereby reducing cases of marriage fraud and ensuring that marriages were recognized by law.

Aside from these four statutes, no other states in India had legislation that made marriage registration compulsory. The court highlighted that the provisions for voluntary registration of Muslim marriages existed in Assam, Orissa, and West Bengal through specific Acts, like

Yet even with these provisions, the voluntary nature resulted in many marriages that remained unregistered, thereby leading to gaps in legal documentation. The court noted that a Hindu Marriage Registration Rules, 1973 was implemented in the state of Uttar Pradesh for compulsory registration of marriages by the Panchayats along with maintenance of birth/ death records. However, this was not the case in Jammu and Kashmir since the rules for registration of marriages had not been framed or applied for both Hindus and Muslims which led to the failure of systematic recording of marriage thereby resulting in legal and social consequences. Such remarks of the court again highlighted the discrepancies and lacunae in marriage registration legislation across different regions, which resulted in several legal and social issues and failure to protect individual rights as well as resolve matrimonial disputes in an effective manner.

The court referred to various statutes relating to marriage in India. According to the Special Marriage Act of 1954 which is implemented for all Indians irrespective of their religion, every marriage should be registered by the designated Marriage Officer. The Indian Christian Marriage Act of 1872 provides for compulsory registration of marriage with the entries made in the marriage register maintained in the church after the ceremony is over and signed by the bride, bridegroom, priest who performed the ceremony, and witnesses. Likewise, the Parsi Marriage and Divorce Act of 1936 provides for the compulsory registration of marriages. However, according to Section 8 of the Hindu Marriage Act of 1955, it is left to the discretion of the parties to either perform the marriage in the presence of the sub-registrar or, alternatively, opt to register it after the ritual ceremony. The Act, also provides further that any omission to register does not invalidate the marriage. The Hindu Marriage Act of 1955 also enables the state government to make rules for the registration of marriage and to provide for compulsory registration of marriages whenever the state government considers it necessary to do so. Infringement of such rules would attract a penalty in the form of a fine.

The court referred to entries 5 and 30 of List III of the Seventh Schedule of the Constitution of India in order to decide upon the issue regarding the constitutionality of making marriage registration a mandatory process in India. Entry 5 gives both the state and central governments the right to pass laws in connection with marriages and divorces and this even includes stipulations regarding the procedure of marriage registration. Entry 30, on the other hand, authorises the central government to collect information regarding “vital statistics including registration of births and deaths.” The meaning ascribed to the term ‘vital statistics’ in Entry 30 includes information concerning marriages and thus encompasses marriage registration within the scope of Entry 30.

The court perused an affidavit filed by the National Commission For Women (NCW) which stated that non-registration of marriages is often to the disadvantage of women. Several vital problems could be solved with the help of compulsory registration of marriage, according to the NCW. It would help in safeguarding the children from child marriages by enforcing the minimum age of marriage to be observed as well as prohibiting marriages that are done without the consent of the parties involved. It would also help in combating illegal bigamy and polygamy as this would help in identifying multiple marriages. In addition, mandatory registration would guarantee the married women’s rights to stay in the matrimonial home and receive financial support together with assisting widows to exercise inheritance rights and access benefits in the event of their husbands’ deaths. Furthermore, it would discourage husbands from deserting their wives after the wedding, and the sale of young girls under the pretence of marriage, both locally or abroad. This position by the NCW made it clear that compulsory registration of marriages would lead to better legal protection of women and address many social injustices.

Ratio decidendi

The Supreme Court, after reviewing the provisions of law and affidavits filed by NCW, arrived at a crucial conclusion regarding the registration of marriage. The court acknowledged that most of the conflicts pertaining to the solemnization of marriages could be easily eliminated if marriages were officially recorded. This conclusion was consistent with the view of the National Commission for Women which stated that failure to register marriages especially put the rights of women at risk affecting their legal and social status. The court arrived at the conclusion that compulsory registration of marriages was an important evidence that would be essential in legal matters in relation to whether marriage had occurred or not and it would further create a rebuttable presumption in legal matters. This would mean that while the registration itself would not categorically show that a valid marriage took place, registration would provide significant evidence that the marriage took place. This evidentiary value would be particularly important with respect to the cases concerning custody of children, the rights of children born out of wedlock, and where the parties to the marriage do not produce their ages.

The court noted that lack of marriage registration renders women helpless because there are no ways to prove the rights to entitlements in the marriage like maintenance or the right to the residence in the matrimonial home. Further, unregistered marriages could trigger legal uncertainties regarding the social background of the children they bear impacting their entitlement to inheritance and social legitimacy. This was further affirmed by the court which suggested that compulsory registration of marriage would be in the interest of society at large. It would also mean better enforcement of marriage laws, thus discouraging illegal practices such as bigamy and child marriage, and protecting the rights of the women within marriage. Compulsory registration of marriage would help the legal system to give stronger support and recognition to the matrimonial relationship and thus help reduce the number of disputes associated with it and contribute to the increase in social stability.

Therefore, for the reasons mentioned above the court held that marriages of all Indian citizens regardless of their religion must mandatorily be recorded in the states in which the marriage took place. Consequently, the court directed both the state and central governments to take the following steps:

  1. Procedure notification- Each state has to notify the procedure in which the registration of marriage would take place. The court provided a period of three months for the respective states to notify such a procedure. The court suggested that this can be done by amending current rules or introducing new ones. All these rules can be implemented by the states only after inviting the public objections ensuring the proper publication of the invitation of objection and that the objection period remains open for at least one month from the date of the advertisement. Following this period the states should release a notification to enforce the rules.
  2. Authorised Registration Officer- The officer designated under these rules shall have the authority to conduct the registration of marriages. The registration must explicitly disclose the age and marital status (unmarried or divorcee) of the individuals. The rules should also prescribe penalties for failure to register marriages or for false declaration of marriage. The primary purpose of these rules is to implement the directives of this court.
  3. Central Government Legislation: Any statute that is to be passed by the central government in the form of consolidated legislation should be subjected to the review of the Supreme Court.
  4. Compliance Assurance: It is the duty of the counsels for the various states and union territories to ensure strict compliance with these directions.

The Supreme Court, in the end, asked the Registry to facilitate the learned Solicitor General with a copy of the order for necessary follow-up action. The court also expressed its gratitude for the helpful submissions made by Mr. G. E. Vahanvati, the Solicitor General, and Mr. Ranjit Kumar, senior advocate serving as Amicus Curiae.

Analysis of the case 

It would not be appropriate to disregard unregistered marriages in India because most marriages are performed without priests being present, without any formalities following local customs only in the presence of the relatives. That is why, India, like many other countries, had reservations about the Convention on the Elimination of All Forms of Discrimination Against Women, 1993, which promotes the compulsory registration of marriages. The law must therefore create room to accept the diversity in customs and personal laws. Legal education is therefore necessary so that the population understands the importance of registering their marriages. An unregistered marriage must not be considered as invalid. Rather, small fines for not registering their marriage are a good option in persuading people to register. This is helpful in cases where one spouse is left destitute and the other remarries, ensuring that there is proof of first marriage. There are several laws that deal with marriage and divorce in India and the Compulsory Marriage Registration Bill 2005 is not intended to clash with such laws but only aims to encourage all marriages to be registered. 

The Supreme Court and the High Courts of India have repeatedly emphasised the importance of compulsory registration of marriages. The ruling of the Supreme Court, in the present case, which stresses the need for mandatory registration of marriages by all individuals irrespective of their religion has set a foundation for the subsequent case before the courts to decide the issue upholding the individual right to the registration of marriage. The Delhi High Court in the case of Reena Chadha vs. Govt. of NCT of Delhi, (2021) by interpreting the term “personal appearance” for the purpose of marriage registration as appearance through video conferencing stated that it “cannot allow a rigid interpretation of the statute allowing for the registration of marriage to prevent citizens from exercising their rights”.

In the present case, the Supreme Court has rightfully acknowledged the importance of providing for mandatory registration of marriage due to reasons such as preventing child marriage and ensuring the stipulation of the minimum age requirement for marriage. Registration of marriage also assists in preventing bigamy or polygamy, promoting that marriage happens with the consent of both parties and supporting the rights of married women to stay in the matrimonial home and to receive maintenance. It also helps in redressing the claims of widows to their rights of inheritance and deterring men from abandoning their wives.

With the prevailing conditions and scenario, the given decision has assumed a rather important role in protecting the rights of many women and girls. By making marriage registration mandatory, the Supreme Court aimed to address a legal gap and provide a solution to the major problem of underage marriage in the country. Child marriage is another problem that has been pervasive in our country. The Delhi High Court in the case of Lajja Devi vs. State NCT of Delhi (2012) also upheld this decision in 2012 whereby they mandated marriage registration. The court noted that marriage registration would help prevent guardians from marrying off the minor children because the document will show the age of the child and this would result in the discovery of illegal marriages of minors.

At first, the case looked like a typical domestic case pertaining to a wife and her husband who could not manage to reconcile their differences caused by marital conflicts. However, as the hearing continued the court realised that there were more pressing national concerns arising from gaps in the current laws. These issues pointed out the need to adopt stricter legal frameworks that would help in the protection of vulnerable individuals and prevent illegal marriages from taking place.

Aftermath of Seema vs. Ashwani Kumar (2006)

The decision passed by the Supreme Court in this case mandated the central government to enact a comprehensive law for the compulsory registration of marriage. In light of recent developments in states and Union Territories with regard to compulsory marriage registration, the issue at hand is whether there is a need for central legislation on the subject. If so, the next question that arises is whether to amend the Registration of Births and Deaths Act, 1969 as suggested in the Registration of Births and Deaths (Amendment) Bill, 2015 or to create a separate standalone law to introduce the mandatory registration of marriages.

It may be noted that there have been some legislative and judicial initiatives in India in the last few years to make the registration of marriages compulsory for all individuals, irrespective of their religion. In 2008, the 18th Law Commission of India suggested that under the Prohibition of Child Marriage Act 2006, registration of marriage be made compulsory throughout the country for all communities including Hindus, Muslims, Christians, and others. Later the Commission in its 211th Report proposed an application of the Marriage and Divorce Registration Act for the entire country and recommended the renaming of the Births and Deaths Registration Act, 1969, as the Births, Deaths and Marriages Registration Act, 2012. As a result of the decision of the Supreme Court in this case, a Bill was drafted in the year 2012 to provide for the compulsory registration of marriage in the Registration of Births and Deaths Act of 1969. This Bill was passed by the Rajya Sabha in the year 2013 but lapsed after the dissolution of the Fifteenth Lok Sabha in 2014. The Standing Committee had expected this legislation to strengthen women’s rights as far as maintenance and property rights are concerned while at the same time discouraging bigamy.

A new draft of the Bill was tabled in 2015 and in 2017 the Department of Legal Affairs asked for feedback from the Law Commission on whether to undertake amendments to an existing Act or introduce new legislation for the mandatory registration of marriage. The Commission was also asked to consider the needed amendments to central laws, the need to make marriage registration IT-enabled, and other related issues.

A recent 270th report by the Law Commission of India shows that there is a need to amend the Registration of Births and Deaths Act, 1969 to provide for the compulsory registration of marriage. This change intends to embrace marriages from different religions and castes, thereby facilitating better implementation of laws against child marriage and forced marriage, thus advocating for gender equality and women empowerment. The recommendation recognises the existence of various personal laws while ensuring that all marriages are officially recorded under the appropriate laws.

The judiciary has also played a significant role in emphasising the importance of compulsory registration of marriage and thus through its decision has many times equated it to the fundamental right of an individual. The Rajasthan High Court in the recent case of Smt Ashwani Sharad And Anr. vs. Registrar Of Hindu Marriage Anr. (2023) deliberated on the issue of compulsory registration of marriage and observed that the denial of registration of marriage on the ground that one of the parties to the marriage is a foreign national is a violation of the right to equality guaranteed under Article 14 of the Indian Constitution and therefore held that if the marriage is solemnised in India in accordance with the laws of India, then the marriage has to be compulsorily be registered and the registrar cannot deny the same.

In another recent case of Lalan P.R. and Others vs. Chief Registrar General of Marriages (Common), (Director of Panchayaths), Thiruvananthapuram, and Others (2022), the Kerala High Court made the registration of marriages mandatory. This decision was instrumental in ensuring that minor girls are not exploited in the form of forcing them to marry and being sold under the pretext of marriage and marrying them without their consent. The court thus made registration of marriage mandatory to enable it to regulate and control such marriages adequately. Moreover, this ruling granted married women many rights. It assisted them in protecting their right to live in the matrimonial home and to claim maintenance from their husbands hence alleviating their sufferings and likelihood of being deprived of marital rights.

These rulings by the Supreme Court indicate the stance of the judiciary on necessitating the compulsory registration of marriages to maintain the rights of the citizens and deal with the issue of social injustice prevalent in society. It well explains how the judiciary interprets the laws with the aim of eliminating social vice and guaranteeing justice for affected groups and individuals. The cases mentioned above are an example of the Supreme Court’s proactive approach to using legal provisions to ensure social protection and protection of human rights legislation.

Conclusion 

With this landmark judgement, the Supreme Court not only gave basic protection to married women who are struggling and denied their marital rights such as the right to live in their matrimonial house, or the right to receive maintenance but more importantly it came to the rescue of minor girls enduring severe abuses. Some of the abuses they experience are child marriage, their parents selling them off under the guise of marriage, and marrying them without their consent. This judgement is a clear illustration of the judiciary’s spirited and tireless fight for the protection of the rights of people in the country. Thus, by properly interpreting the legal provisions, the judiciary serves a pivotal role in eradicating social vices as well as providing justice to every individual. This is just one of the many cases that shows the judiciary’s commitment and responsibility to uphold and defend the civil liberties of the population.

Frequently Asked Questions (FAQs)

What are the conditions that are required to be fulfilled for a marriage to be valid?

Section 5 of the Hindu Marriage Act deals with the conditions for a valid Hindu marriage. According to this Section, a marriage between two individuals who are Hindu shall be considered valid only when the individuals marrying each other do not have a spouse living at the time of their marriage. The bridegroom should be of the age of 21 and the bride of the age of 18 years. Both parties should not be of unsound mind and capable of giving their consent. Even if any of the parties is capable of giving consent, they should not be suffering from such mental order having the effect of making the person unfit for marriage and the procreation of children. Both parties should not be suffering from repeated attacks of insanity. Another condition stipulated under Section 5 is that the parties shall not fall within the category of prohibited relationships. An exception to this condition is that such a condition shall not be applicable if customary practice and usage to which the parties are subjected permit the marriage between the two. The last condition is that the parties are not sapinda of each other, however, it shall not be applicable in case the custom and usage allow the solemnization of such marriage.

Does the registration of marriage prove that a marriage is valid?

No, the registration of a marriage is not conclusive proof that a marriage is valid and vice versa, that is, the absence of registration of marriage shall have no effect on the validity of the marriage. For a marriage to be valid, the condition stipulated under Section 5 of the Hindu Marriage Act, 1955 needs to be fulfilled. Moreover, according to Section 8(4), the register maintained for the registration of marriage can be used as legal evidence in courts. Copies and certified copies of any extract from this register may be obtained on application and payment of the prescribed fee. While Section 8(4) guarantees that the record in the register serves as legal evidence of marriage, Section 8(5) explains that the Indian marriage is not invalid merely because it is not registered. It is to be noted that as per the provision of Section 8(5) even in the absence of registration of the marriage in the Hindu Marriage Register, the marriage is still legal. This provision serves the purpose that the legal sanctity of a Hindu marriage would not be affected by the fact that the marriage was not registered.

What is the procedure for registering a marriage in India?

To start the process of marriage registration, both individuals have to fill up a marriage registration form along with basic details and information about themselves. The documents required at the time of registering a marriage include birth certificates, proof of residence, marriage invitation cards, and passport photos for both the grooms and brides. Both parties must also provide a valid consent statement. At times, authorities may announce a public notice to receive objections, which usually takes not more than 30 days. This makes sure that one is not related to the other within the prohibited degree of marriage relation. The authorities will give out the marriage registration certificate once the inquiry period is completed.

What is a transfer petition?

A transfer petition is an application filed before a Supreme Court with a request to transfer a case pending in a lower court (usually a High Court) to another court, typically for reasons of convenience, justice, or avoiding prejudice.

References

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