In this article, we will share the guidelines for Indian register marriage rules and the relation to the prohibitions of marriage rules in the Indian marriage act.
The Indian traditional culture considers that marriages are made in heaven and therefore it is a bond that is the most sacred till death. Even the marriage law act of India has guided some rules and laws for marriage registration that are essential parts of the Indian judiciary system to give the legal certificate to a marriage.
Indian Marriage System and Marriage Registration Rules
When two people marry in India, the Indian judicial system has made some guidelines that the couple has to follow the register marriage procedure. There are diverse ethnic cultures in Indian society and therefore the lawmakers also provided the highest priority to this factor. The Indian marriage law is valid for every Indian culture and every couple that is going to be in a marital bond has to undergo the process.
Know More About the Hindu Marriage Act and the Special Marriage Act
Currently, there are two frames of legislation for the Indian Marriage Registration. The laws are as follows:
- The Hindu Marriage Act of 1955
- The Special Marriage Act of 1954
- The Hindu Marriage Law Act: The Hindu Marriage Act of 1955 provided the guidelines for Hindu marriages only. In case, both the husband and wife are Hindu, Jains, Buddhists, or Sikhs, they can apply for registering their marriage through this act. The marriage registration rule is applicable also for people who are converted to any of the aforementioned religions. However, you have also to keep in mind the Hindu Marriage Act of 1955 deals only with people who are already in a marital relationship and want to register their marriage legally.
- The Special Marriage Act of 1954: The Special Marriage Act of 1954 deals with both register marriage rules and solemnising the marriages. The act applies to every Indian citizen and the act legalizes marriages where one of the couples is not Hindu, Jain, Buddhist, or Sikh.
The Indian judiciary system plays the primary function to protect the national right of the couples. In case, the couple wants to get separated from the marital bond in the future, the court will consider the reasons for the failure of the marriage and if one of the couples is responsible for it.
Necessary Rules for Marriage Registration in India
- The Hindu Marriage Act of 1955: If you want to get a valid certification for your marriage under the Hindu Marriage Act of 1955, you have to follow some necessary guidelines as per the Indian Judiciary system. The Indian penal code of Sec.5 and Sec.7 deal with the Hindu Marriage Act of 1955. As we have previously mentioned, both of the parties that are applying for marriage registration certificate must be Hindus according to the register marriage rules. If one of the married couples is not Hindu, the act will not be applicable to them and they can’t apply for marriage registration under this act. Check Here to More about: https://services.india.gov.in/service/detail/online-application-of-marriage-certificate
The act of 1955 will solemnise only the marriages that will come under the following criteria.
- If both the couple are unmarried at the time of marriage and the act will not validate the marriage of any pf the couple already has a living spouse.
- Both the married couple give consent to the marriage.
- If one of the couples has a mental disorder or doesn’t have the ability for leading the marriage in the future, even with the consent from such a couple, the court will reject their marriage registration.
- Both the couples are mentally able to lead the marriage and must not have insanity or epilepsy.
- The act ensures the ideal age for getting a valid marriage registration under the act that is 21 for the bridegroom and 18 for the bride at the time of their marriage.
- The degrees of any prohibited relationship don’t come under the Marriage Act of 1955. However, consent from one of the applicant parties’ parents will be sufficient to get a valid marriage registration.
- The law does not apply to Sapindas as well. If one of the couples are lineal ascendant of the other, the law will not validate their marriage. However, if the custom governing their parents allows this marriage, it will get a valid registration under this marriage act.
Know More About the Degree of Prohibited Relationships
If a marriage between two people doesn’t follow the Indian marriage guidelines, the India Marriage Law Act will consider the relationship in terms of the degree of prohibited relationship.
The Degree of prohibited relationship according to the Indian Marriage Act are as follows:
- If one of the married couples is a lineal ascendant of the other, the marriage will come under the degree of a prohibited relationship.
- In case one of the married couples was husband or wife of any lineal ascendant of the other, the marriage will be considered prohibited according to the Indian Marriage Act.
- If the bride was previously the wife of the brother, father, brother of the bridegroom’s mother, or the grandfather’s or grandmother’s brother, it will also be a prohibited marital relationship as per the marriage guidelines of the Indian Marriage Act of 1955.
- The marriage will also be a prohibited marital relationship if there is a blood relationship between the married couple. The marriage between brother and sister, uncle and niece, aunt and nephew, or children of brother and sister is not considered a valid marriage relationship as per the 1955 Act of Hindu marriage Law. Therefore, the marital bonds will turn into prohibited relationships.
However, there are some exceptions in the marriage registration of prohibited relationships. The governing customs or the parents of the applicant parties have essential roles in providing consent to such marriages. Even if a marital relationship comes under the degree of prohibited relationship, valid consent from one of the applicant’s parents will validate the marital relationship. Moreover, the relationship will also get registered under the Hindu Marriage Act of 1955. In case of absence of consent from parents, the prohibited marriages will be considered a violation of the Indian penal code and the court may order imprisonment for one month or a fine of ₹10000/- or both.
Degree of prohibited relationship in Hindu law
The marriage will not be considered legal if the partners are within the parameters of an unlawful relationship. The following types of unions are prohibited:
- If one spouse is the other’s lineal ascendant. In addition to a father, mother, grandfather, and grandmother, a lineal ascendant also includes a great-grandpa, great-grandmother, and so on.
- If one partner is the wife or husband of the other’s lineal ancestor or descendant. A lineal descendent will also include great-grandchildren and their offspring, children, and grandkids
- If the two spouses are first cousins, a brother and a sister, an uncle and a niece.
- If one spouse was previously married to, or the widow(er) of, a sibling of your brother, parent, grandparent, or other ex-spouses.
Register Your Marriage with Vakilsearch
As per the guideline that we have mentioned earlier, you can easily apply for registering your marriage with Vakilsearch. We are one of the leading online law portals providing every type of legal assistance to you. Want legal advice to know more about register marriage rules? Get connected to us and get every necessary information about the Indian Marriage Act and registration procedure.
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