Section 8 of the Hindu Marriage Act, 1955 lays down the element of registration in a Hindu marriage even though it does not make the provision compulsory for parties in a marriage.
Is registration of marriage under Hindu law compulsory?
Under the Hindu law registration is not compulsory until and unless the state makes it compulsory. The procedure will be same as under Special Marriage Act only the number of witness changes from three to two. Marriage under Muslim law is a contract and hence registration is the basic essential for validating Nikah.
Is unregistered Hindu marriage valid?
The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal. 2. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.
What if marriage is not registered?
Even if the marriage is not registered, you have to seek divorce by filing a divorce petition before the family court. She can claim maintenance from her husband if she is not able to maintain herself.
Do you need to register your marriage?
Before you can have a marriage or civil partnership ceremony, you must give notice to get a marriage licence. Before you can have a marriage or civil partnership ceremony, you need a marriage licence. To get a marriage licence both persons must give notice at the Register Office.
Can marriage be registered anywhere in India?
The Hindu marriage act applies to all over Indian states and the Union territories, Jammu and Kashmir being an exception to it. According to the law and as per the recent strict guidelines of the Supreme Court, it is highly necessary to register the marriages.
Is marriage certificate necessary in India?
A marriage certificate is an important document to have for married couples in India. It serves as the legal proof of marriage between two individuals. Getting their marriage registered and having a marriage certificate is necessary for married couples in order to avail a number of services/facilities in the country.
What happens if I don’t register my marriage in India?
If you haven’t registered your marriage in the court, you still have to go through the same legal divorce proceedings to officially separate from your partner. The Indian government recognizes all marriages that have been officiated under religious rituals and ceremonies.
How can I prove my marriage without certificate in India?
- non registration does not affect validity of marriage.
- if marriage is not registered wedding invitation cards , wedding photographs are sufficient to prove that marriage has taken place.
- mere wedding invitation cards is not sufficent to prove the marriage.
How do I know if my marriage is registered?
Verifying your marital status
You can also sms the letter M followed by your ID number (example: M 5001010050080) to 32551 A reply sms will be sent back to your cellphone to confirm your marital status and the date of your marriage. (R1 per sms and will be charged by your network service provider).
Can I apply for divorce without marriage certificate?
You can’t file for a divorce without your marriage certificate – that much cannot be disputed. Whilst you may have been told that a copy of this document will not be accepted by the courts, though, you’ve only been told part of the story.
Which ceremony is obligatory under the Hindu Marriage Act?
A Hindu marriage may be solemnized in accordance with the customary rites of either party (bridegroom or bride). 2. Even a simple ceremony of exchanging garlands, tying a thali (mangalsutra) or putting a ring upon the finger is sufficient to constitute a valid Hindu marriage.
How do I register for Hindu Marriage Act?
Application form of the marriage is to be accompanied by 2 photographs of the marriage ceremonies, 2 passport size photographs each of both the spouses, invitation card of the marriage, age and address proof of both the parties, affidavit of notary to prove the couple is married under Hindu Marriage Act, 1955.
How many witnesses do you need to get married?
Two or more witnesses must also sign at the time of the marriage. Witnesses don’t have to be a certain age but you should check with the person marrying you if they have an age limit on who they’ll accept.
Can you get married without giving 28 days notice?
The minimum period is 28 days before the date of the proposed marriage, but if you leave things as late as this you could be faced with the need to postpone your marriage. Only in exceptional circumstances will the Registrar General allow a marriage to take place if 28 days’ notice has not been given.
Do you need a marriage visa to give notice?
If you do not have a marriage visitor visa or family visa
You can still give notice of your intention to get married or form a civil partnership but the immigration authorities at the Home Office will be told.