Marriage

Is It Possible to Register a Marriage After the Death of the Couple?

In this article, you will learn how a person can register marriage after the couple's demise.

The marriage certification rules outlined in 2018 contain the arrangement for giving marriage certificates with review impact even after the demise of one of the life partners. Yet, the law is quiet on whether it is feasible to provide a marriage certificate with a review impact when the two life partners are not alive as of 2018. However, there have been some exceptional cases in which the marriage certificate was issued after the demise of both the husband and wife.

In this article, we will discuss these exceptions and the examples of the cases in detail. 

Exceptions and Examples of Cases of Marriage Registration After a Couple’s Death 

Several cases were observed where the marriage registration was conducted after the couple’s death at their children’s request for a family pension for survival.

Example 1- A Rare Certification of Marriage After Death of the Couple 

A couple, who had not enlisted their marriage formally as it was not required when they got hitched, have now got it authoritatively enrolled 53 years after their wedding, and years after their death, because of a solicitation to the Local Self Government division from their son, who is mentally challenged.

  1. Bhaskaran Nair and T. Kamalam, locals of Sekharipuram in Palakkad, had got hitched at the Subramaniam Swamy sanctuary at Kodumb on June 4, 1969. In any case, they had not enlisted their marriage as it was not compulsory then, at that point. Kamalam died in 1998 and Bhaskaran Nair in 2015, after which the pension of the family for ex-administration people stopped being credited to their main child T. Gopakumar.

The family’s pension was taken back, referring that Bhaskaran Nair’s family subtleties were not accessible in the military records. Following this, Mr Gopakumar presented a solicitation to the public authority for enrollment in his folks’ marriage. According to the Kerala Registration of Marriages (Common) Rules of 2008, marriage can be enrolled, assuming either the spouse or the wife has died. Nonetheless, it doesn’t determine the principles in situations where the couple is dead.

In an official statement, Minister of Local Self-Government Institutions M.V. Govindan said he mediated on the issue in the wake of counselling the Law division. It was chosen to permit marriage enrollment for this situation as enlistment was not obligatory when their marriage occurred; furthermore, in light of the fact that the 2008 guidelines don’t determine the means to be continued in situations where both the couple are not alive.

Mr Govindan said that the public authority chose to take a substitute based on humanitarian grounds in the case as the family’s pension was vital for their main child to survive and make ends for himself.

Example 2- Bengali boy dies by suicide after villagers oppose marriage with a tribal girl

Nine days after a 31-year old man married a 20-year-old ancestral young lady, the youth of Malkangiri locale in Odisha died by suicide after a village board was held in the young lady’s village to conclude regardless of whether the marriage was invalid, expressed kin of the departed.

According to the deceased’s family, he was in love with the 21-year-old female. They eloped and married lawfully on May 14 after their separate families refused to approve of their relationship. The following day, the couple remarried in a nearby temple.

“On May 16, the girl’s family members arrived at her Bengali home and whisked her away to her hamlet of Boilapari under the excuse that her mother was ill. She did not return to her husband’s house, which was approximately a kilometre away, that evening, despite being expected to. “The girl’s family kept postponing her return for a few days until they announced a village assembly on May 20 would decide the destiny of the marriage,” said the deceased’s brother-in-law.

In the gathering of more than 200 Koya tribals on May 20, no choice could be made on permitting the ancestral young lady to remain with the Bengali man; however, the young lady was not allowed to meet her husband. Resentful about this, the man attempted suicide on Sunday evening. When the family found him, the boy’s brother-in-law said his condition had severely deteriorated.

“The young lady was beaten up by her family to say under the watchful eye of the court that she had committed a mistake. A day after the couple got married, they had met the police inspector of Malkangiri police headquarters, looking for security. The controller let them know that as both were majors, they could go with their own choice on marriage. The strain of the Kangaroo court was the justification for his suicide,” said a relative of the departed.

How This Process Is Different From Standard Marriage Registration

Earlier, the Marriage registration process was not mandatory, but it is a significant process that serves a variety of benefits to the couple. The normal registration process for the couple is online: https://services.india.gov.in/service/detail/online-application-of-marriage-certificate or offline. If both husband and wife are not alive and their children want to register, the process is different. These examples show that marriage registration is possible on humanitarian grounds.

Conclusion:-

In this article, we have discussed the possibility of registering a marriage after the couple’s death. We have also cited different examples where the couple’s marriage was registered after they died on the grounds of humanity. Not only this, but now the rules of marriage enrollment after the COVID-19 flare-up have been changed, thereby permitting couples who had got hitched during the period and are remaining abroad to get enlisted through video conferencing without showing up face to face. The Minister said that means were being taken to revise rules to make this an extremely durable office. He noted that updating the marriage registry in the event of separations was also being thought of. With Vakilsearch, it may get easier for you to do the marriage registration online. Also, if you need to know anything in particular about the process, our experts can help.

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