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.
Before the codification of the Hindu Marriage Act in 1955, there was no provision for registration of marriage in Hindu personal law. Section 8 of the Hindu Marriage Act provides that the State Government may make rules for the registration of marriage to facilitate the proof of Hindu marriages.
Although Section 8 does not make registration compulsory, it is advisable to register the marriage within 15 days of its solemnization. The presence of both parties before the registrar is necessary and the registrar can also ask the identity proof of the parties. So you must keep the Aadhar card.
Section 8(5) of the HMA specifically states that failure to register a Hindu marriage does not affect its validity. Only marriages between two Hindus can be registered under the HMA. If only one party is Hindu, then such marriages should be registered under the Special Marriage Act.
Registration of a marriage without the performance of valid ceremonies is invalid, and the registration itself is null and void. It is important to note that the mere act of registration does not validate an otherwise invalid marriage.
The registration certificate of marriage serves as evidence of marriage for obtaining visas, in cases of divorce, legal separation, alimony, custody of children, and succession to property.
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.
