Paid Advise

Registration of marriage

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

33507 Advices

41371 Consultations

Reading Time:

What is the procedure for registration of marriage under the Hindu Marriage Act? Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place.

There was no such provision in Hindu personal law before 1956. After codification of the Hindu Marriage Act 1955 (HMA), it came into force. Section 8 of the HMA provides that for the purpose of facilitating the proof of Hindu marriages, the State Government may make rules for registration of marriage.

Section 8 does not make registration of marriage compulsory but is advisable that marriage must be registered within 15 days of solemnization of marriage. For the registration of marriage presence of both parties before registrar is not necessary if the registrar doubts the identity of one of the party only then it is needed.

Section 8 of HMA lays down that state government may make a rule for the keeping of marriage register and for compulsory entry of all or some special marriages therein. Section 8(5) of HMA especially lays down that failure to register a Hindu marriage shall in no way affect its validity.

Under the HMA marriage between two Hindus can only be registered. When only one party to the marriage is Hindu then such marriage shall be registered under the Special Marriage Act.

Marriage without the performance of valid ceremonies is invalid therefore its registration is also null and void. Mere registration does not validate an otherwise invalid marriage.

Effect of registration of marriage   

  • No foreign embassy or consulate grants visa to a spouse without proof in the form of a marriage certificate. 
  • In the case of divorce, legal separation, alimony, or custody of children, courts may insist on seeing the marriage certificate.
  • It is evidence in case of a second marriage. 
  • It is useful for reasons of succession to property.
shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

What happens if I break my girlFriend engagement? 

Question: What happens if I break my girlFriend engagement? My girlfriend is engaged with another person without informing me, now I want to marry her, but she moved on. What I can do in this situation shall I approach the groom to convince.  Asked from: Uttar Pradesh...

Marriage in young age valid or invalid

Question: Marriage in young age valid or invalid. My question is that if a family has married their children at a young age, then their marriage will be valid? If the children have grown up later then it's gonna be valid later? Or else it won't be valid because the...

Will my husband get baby boy custody?

Question: I got married on 3rd march 2020. I have a one year old baby boy. My husband is an alcoholic smoker, drug abuser, ganja addict. He is always there in fights, he even has a sword and gun, he beats me and even has extramarital affairs. Now I have left his house...

My minor son sent messages to my husband about my affair

Question: My minor son sent messages to my husband about my affair. He sent a message to my husband that I have an affair but later he realised and asked sorry, but husband using that message in court to prove I have affair what to do? Asked from: Karnataka I think...

How to get a mutual consent divorce within six months?

Question: I was married to my boyfriend when I was studying in B.Tech. We solemnised our marriage in a temple. How to get a mutual consent divorce within six months? All those things happened in hush-hush. No one knew about our marriage but we got registration of our...

Legal validity of consensual relationship with brother

Question: It is a complicated situation for me, I am a 40 year old lady. My husband was an abuser and we have legally divorced 6 years ago without any issues left. I left my hometown, came to Delhi to join a job and started staying with my brother who is never married...

Child Custody to a third party 

Question: My partner wishes that I could take legal custody over her. She is happy with her family but wants to leave. I live in the UK, and she lives in India. What (if any) are our options? Can the court allow child custody to a third party?  Asked from: Uttar...

Girl’s family is threatening for love jihad case

Question: My friend is muslim he loves hindu girl. Girl’s family is threatening for love jihad case so he want to convert to hindu religion. He loves that girl and agreed to change his religion. Now he is afraid that the girl’s family may file a case against him and...

How can I leave my husband’s home without his consent?

Question: Hello, I have been married for 6 yrs. And my in-laws have been demanding for more dowry. How can I leave my husband’s home without his consent? The gold gifted during my marriage is in my father in laws custody. Well I did not encourage more dowry and hence...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54