COMPULSORY REGISTRATION OF MARRIAGE

This article has been written by Priyal Bakul Shah, 3^rd-year LL.B student studying at New Law College, Mahim

INTRODUCTION

Marriage in India is regarded as a holy, religious activity that confers individual rights on both the male and female partners. There has been much discussion and debate about whether marriage is a sacrament or a contract. Section 7 of the Hindu Marriage Act, 1955 expressly associates marriage with ceremonies. According to Section 7(2) of the Act, the marriage is complete when the bride and groom take seven steps around the sacred fire together. The Hindu Marriage Act of 1955 applies to all Hindus, including Buddhists, Jains, and Sikhs, but not Muslims, Christians, Parsis, or Jews.

These groups of people are covered by the Act if it can be demonstrated that they are governed by Hindu law. On the contrary, the Special Marriage Act of 1954, which governs the marriage of Indian nationals in foreign countries without regard to religious barriers, considers marriage to be a civil contract by definition. However, there will always be discussions about this. The registration of a marriage is influenced by numerous factors. Registration has proven to be beneficial at times, but it has not always played a significant role in marriage. Several decisions concerning marriage registration have been issued. Section 8 of the Hindu Marriage Act of 1955 specifies the procedure for registering Hindu marriages. Every legal practitioner thus advises that, because the consequences of not registering marriages in India are unfavorable, it is preferable to register the marriage in order to safeguard it with the help of legislation related to it.

COMPULSORY REGISTRATION OF MARRIAGE

In India, a religious marriage ceremony is considered a legal marriage. Obtaining a legal registration certificate, on the other hand, will prove your marriage is legal in a court of law. Having your marriage legally registered will help you obtain a visa, which requires a formal registration certificate from the Registrar of Marriages. Because India is known as a melting pot of various religions and cultures, different rules apply to different religions. The Hindu Marriage Act of 1955, the Muslim Marriage Act of 1939, and the Christian Marriage Act of 1872, as well as the Parsee Marriage and Divorce Act of 1988, govern these rules. Section 8 of the Hindu Marriage Act of 1955 specifies the requirement for registration in a Hindu marriage, but it does not make the provision mandatory for marriage parties. Section 8(1) of the Hindu Marriage Act, 1955 suggests that as evidence of Hindu marriages, the State Governments will be granted authority to make rules requiring that the parties involved in the marriage have done so in accordance with the conditions specified in the Hindu marriage Register, and that the documents associated with the marriage should be kept with the parties for future reference. Section 8(2) of the Hindu Marriage Act,1955 claims that it is the responsibility of the State Governments to ensure that the parties to the marriage have complied with the rules outlined in Section 8(1), and that if there are any signs of contravention by the parties, the State will charge the parties a fine of twenty-five rupees. Section 8(3) of the Hindu Marriage Act, 1955 states that the rules discussed in Section 8(1) should be provided to State Legislatures after their formation. Section 8(4) of the Hindu Marriage Act, 1955 establishes the Hindu Marriage Register’s duty to inspect the marriage in order to obtain sufficient evidence to prove the marriage’s legality. Section 8(5) of the Hindu Marriage Act, 1955 articulates the fact that the Section’s validity will not be affected in any way if a Hindu marriage is not registered during the course.

Marriage registration binds the marriage to all associated legislatures; in simpler terms, marriage registration determines the legality of the marriage. Registration also protects the parties to the marriage. The fact that India has long been driven by a patriarchal society with men’s supremacy in all social aspects cannot be overlooked. In India, the object of marriage has been to subject women to feudality, mental and physical harassment, and a variety of other social issues. If marriage is traditionally viewed, the purpose of marriage is the procreation of children and satisfying the groom as and when he desires.

COMPULSORY REGISTRATION OF MARRIAGE BILL, 2005

With no legal requirement for marriage registration in India, the Central Government must make provisions to register all marriages that occur in their respective states, union territories or elsewhere. As a result, all marriages, regardless of form, should be registered in order to protect women from harassment. Non-registration of marriage has an impact on women, making them vulnerable to bigamous relationships. Property disputes can arise in the absence of a marriage certificate because a couple may not have evidence of marriage in a court of law.

As a result of such incidents, the Central Government has mandated that all Indian states make birth registration mandatory and has also requested that marriage registration be made mandatory. This was proposed based on the criterion that states have a better understanding of the social structure and local conditions that exist in their respective states.

Section 12 of the Compulsory Registration of Marriage Bill, 2005 states: Every marriage solemnized or contracted in the country between Indian citizens, or in cases where one is at least an Indian citizen, under any law or custom governing such marriages, shall be compulsorily registered with the appropriate Registrar of Marriages. 
It should also be the responsibility of both parties in the marriage to take all the necessary steps for marriage registration. Similarly, Section 13 of the Bill mentions Memorandum of Marriages, which states that the parties to a marriage must prepare and sign a Memorandum of Marriage as per Schedule A and present it in person, in duplicate, to the Registrar within 30 days of the marriage date. In the event of a late submission of the memorandum (after 30 days), a penalty of 2 will be levied for each day. The Registrar may levy a late fee if the memorandum is not accompanied by a satisfactory explanation for the delay. This late fee must be paid while keeping the following in mind: That the memorandum be accompanied by the appropriate fee. 
Both parties must provide proof of age with the Memorandum, and anyone who submits a Memorandum to the Registrar is entitled to an acknowledgement of receipt. 
Section 16 of the Bill deals with Marriage Registration Certificates, stating that the Registrar must issue a Certificate of Registration of Marriage in the form specified in Schedule B to the parties to the marriage within 15 days of receiving the Memorandum of Marriage.

REQUIREMENTS FOR REGISTRATION OF MARRIAGE IN INDIA

Marriages in India are governed by two legislations:

1. Hindu Marriage Act of 1955
2. Special Marriage Act,

The registration procedure includes certain requirements that the party must follow, which are listed below:

1. The application form for marriage registration must be submitted to the sub-divisional magistrate, and it must include the initials of both parties. 
2. Both parties must present documentary evidence in the form of a birth certificate, passport, or matriculation certificate. 
3. At the time of registering the marriage in a court of law, both parties must be 21 years old, as this is the minimum legal age that must be acquired in order to marry legally.
4. Passport-size photographs of both parties are also required.
5. Documentary evidence regarding the parties’ place of residence is required if the parties are to be registered under the Special Marriage Act, 1954.
6. Fees must also be paid to the Register in order for the marriage to be registered. If the marriage is to be registered under the Hindu Marriage Act, 1955, an amount of INR 100 must be provided, whereas an amount of INR 150 must be deposited if the marriage is to be registered under the Special Marriages Act, 1954.

NON-REGISTRATION OF MARRIAGES IN INDIA

The failure to register a marriage is a loss for the parties involved in the marriage. Registration makes the marriage legal and legally recognized. Societal issues that disproportionately affect women include:

1. Marriage of a child
2. Rape in the marriage
3. Domestic abuse
4. Harassment

Sections 25-28 of the Bill discuss the penalties that will be imposed in situations such as

1. Penalties Are Imposed for Register Destroying/ Alteration: Anyone who tampers with or dishonestly or fraudulently alters the register or any part of it will face imprisonment for a term of up to five years and a fine of INR 5000.
2. Penalty for Failure to Comply with Section 13 Provisions: Anyone who willfully fails or neglects to submit the Memorandum to the Registrar as required by Section 13 will be fined INR 500.
3. Penalties for Falsifying Memorandum Statements: Any person who makes or verifies any statement in such Memorandum that is false in any material particular and which he/she knows or has reason to believe is false shall be punished by imprisonment for two months and a fine of up to INR 5000.
4. Other Penal Laws in Action: any offence punished under this Act will be considered in addition to the punishment provided for the offence under other penal laws.

CONCLUCION

Following a thorough examination of the subject, the author concludes that the Parsi, Christian, and Special Marriage Acts are the only central legislatures that require compulsory marriage registration. The majority of mandatory registration legislation is enacted at the state level. Whereas, on the issue of national law feasibility, the author makes the following observation: There is a need for a national law on compulsory marriage registration that is neither too stringent nor too lax. The law must resolve the current ambiguity regarding the legal age of marriage without interfering with community customs. To ensure that the law is enforced effectively, its implementation should be decentralized. It is true that marriage registration in India is mandatory, and it will be possible if every Indian citizen adopts and follows the same for societal betterment and benefit. The rights that are available should only be used for the protection of citizens.

• REFERENCES
• https://blog.ipleaders.in/compulsory-registration-of-marriage-and-its-feasibility/#:~:text=In%20India%2C%20Section%2030%20of,solemnization%20is%20unrelated%20to%20registration.
• https://www.legalserviceindia.com/helpline/marriage_reg.htm
• https://blog.ipleaders.in/mandatory-register-marriage-india/
• https://www.legalbites.in/marriages-registration-whether-compulsory/