Legal Article

Civil Marriage: The Universal Union Beyond Religious Bounds

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 1 Aug, 2023

In the ever-evolving sphere of human relationships, civil marriage stands as a testament to the universal nature of love, unbound by religious or traditional limitations. For many, the choice to opt for a civil marriage is driven by diverse reasons, from interfaith unions to the simple desire for a no-frills ceremony. In this deep dive, we explore the concept of civil marriage, its merits, and its global implications.

What is Civil Marriage?

Civil marriage is a legally recognized union between two individuals, solemnized and recorded by a government authority, without a religious context. The emphasis here is on the legal aspects of the union rather than religious or traditional rituals.

The History & Evolution

The idea of civil marriage isn’t new. Its roots trace back to ancient Rome, where marriages were seen as civil contracts. However, its modern iteration emerged from Enlightenment-era Europe, emphasizing individual rights and secularism.

Benefits of Civil Marriage:

  1. Universal Recognition: Civil marriages are generally recognized worldwide due to their legal nature, which can be beneficial for international couples.
  2. Interfaith & Inter-caste Unions: For couples from different religious or social backgrounds, civil marriage offers a hassle-free route without the need to convert or compromise on religious beliefs.
  3. Simplified Process: Lacking extensive rituals, civil marriages are often quicker and more straightforward.
  4. Equality: With no religious undertones, civil marriages often present a neutral ground, especially in societies where religious marriages may have gender-biased traditions.

The Procedure:

While the process varies from country to country, here’s a general overview:

  1. Submission of Intention: The couple submits a notice of their intention to marry to the designated government authority.
  2. Waiting Period: Many jurisdictions require a waiting period (often a few days to a month) before the marriage can be solemnized.
  3. Witnesses: Civil marriages usually require the presence of witnesses during the ceremony.
  4. Certificate Issuance: Post the ceremony, the government authority issues a marriage certificate, making the union legally valid.

Civil Marriage vs. Civil Union:

It’s essential to distinguish between civil marriage and civil unions. While both are legally recognized relationships, civil unions might not offer the same rights as marriage, especially concerning inheritance, tax benefits, and child custody. Civil unions were often introduced in various jurisdictions as an alternative to same-sex marriages before marriage equality became widespread.

Challenges & Criticisms:

While civil marriage offers many advantages, it’s not without challenges. Some families might not recognize a marriage without religious ceremonies. Moreover, in countries with strong religious leanings, civil marriages might not enjoy the same social status as religious ones.

In Conclusion:

Civil marriage underscores the idea that love and commitment transcend religious and societal boundaries. In a world that often seems divided, it serves as a reminder that human relationships can be universally recognized, celebrated, and respected based solely on mutual love and legal bonds.

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