In this blog, learn about why there is a need to register for your wedding in India and the benefits of writing about the marriage.
Getting married to the person of your choice is the dream of almost every single individual. It’s true that the marriage ceremonies are vast in India across all religions, however, there are a few other important aspects of a wedding that no one should ignore. One such essential element of a marriage is to get the wedding registered legally in order to get a marriage certificate in hand.
People often discuss whether to register a marriage in court or not. In 2006, the Supreme Court of India mandated that all marriages be registered before the law, making it an essential certificate to prove your relationship with your spouse. In today’s era of changing rules, writing your marriage is an important step that needs to be taken after the wedding is complete. In generic terms, a couple legally registers their marriage in the government documents and obtains a marriage certificate for the same.
Different Factors to be Noted While Registering the Marriage
There are two marriage laws in India; The 1955 Law of Hindu Marriage and the 1954 Law of Special Marriage.
The Hindu Marriage Law applies when both husband and wife are Hindu, Sikh, Buddhist, or Jain marriages, or if they have converted to these religions. In contrast, The Special Marriage Act applies to weddings of people of all faiths, including interfaith marriages and Indians living abroad.
Couples who have already completed their marriage ceremony and later applied for marriage registration are also subject to the Special Marriage Law. Marriage under both the laws must be registered with the relevant Gram Panchayat/municipality/area in which the wedding took place.
Difference Between Court Marriage and Marriage Registration
The process remains the same, but especially under special marriage law, court marriages occur in court in front of officials. When registering a wedding, the applicant must provide proof of the union that took place elsewhere and the groom and bride who want to write the marriage through legal proceedings.
Role of Religion While Registering the Marriage
Currently, two laws apply to the Marriage Registration Act, depending on your religion. The Hindu Marriage Act of 1955 and the Special Marriage Act of 1954. If both partners are Hindus, Sikhs, Jains, and Buddhists, the marriage will be registered as Hindu Marriage Law. However, if one of the partners is Muslim, Christian, Parsis, or Jewish, their marriage must be registered under the Special Marriage Law. Registration under these laws does not affect marriage verification, but the registration process may differ.
If your nationality is different, you will be registered under the Special Marriage Law. Within 30 days of marriage, the relevant embassy must provide additional customs clearance / NOC and visa details. Failure to submit may result in your passport being confiscated or revoked.
According to the Hindu Marriage Law, both partners must apply to the registrar in the jurisdiction where the marriage is contracted or the registrar where either partner has lived for at least 6 months. On the other hand, under the Special Marriage Law, both partners must notify the sub-registrar under the jurisdiction of at least one partner 30 days in advance. This notice will then be placed at the sub registrar’s desk for 30 days, and if either partner is under the jurisdiction of another sub-registrar, a copy of the notice will be sent to the other sub-registrar. If the marriage is not challenged within the last 30 days, the marriage will be registered with the marriage registrar.
Why it is Important to Register Your Marriage?
Registering for a wedding provides security to both partners, but it also makes working in a country easier where the rules are subject to change. It helps couples travel abroad on spouse visas, and a marriage certificate is mandatory when applying for residence in another country. Marriage certificates are essential documents required by banks and credit institutions for couples who buy real estate together or apply for a mortgage.
Marriage certificates help prove that you are legally married to someone. This is especially useful for getting a passport, visa, work permit, etc. It is also beneficial to claim life insurance benefits, family pensions, bank deposits, etc. Suppose your spouse dies without a nomination. In addition, the court may require a marriage certificate in the case of divorce/separation/support/custody.
What Happens When a Marriage is Unregistered?
Marriage registration is necessary, without which women can simply be victims of fraud. It deprives women of social cognition and legal security. Compulsory marriage registration ensures that valid marriage conditions are met. Without registration, women are tempted to marry without meeting the requirements for legal marriage.
The Compulsory Marriage Registration Commission of India has supported the need for registration since its inception. The Commission has launched such reforms to protect women and save them from cruel practices.
In this article, we have talked about why it is necessary to register your marriage in India and the factors under which you can apply for marriage registration. Marriage registration in India helps in the legal acceptance of the union of two people. It keeps you equipped with certain rights that would come in handy to live an easy and smooth life in this country. Especially when it comes to women, it is essential to register the marriage as they are more prone to become the victims of fraud. To prevent such things from happening, marriage registration plays a crucial role.
However, you must be aware of your rights and how you can practise them under Indian law. That is why we have provided you with all the information necessary to register your marriage in India. Knowing what documentation is required for registration is also essential to understand why it is crucial to report the marriage and under what circumstances you can register your marriage legally in India. Hope this helps!