Registration of marriage for hindu
Kuldip Narain Saxena
(Querist) 26 October 2009
This query is : Resolved
Respected Sir,
I want to know that wheather a couple who married under hindu customs , his Registration under marriagege act is necessary or not.
If one of them or both are moving to abroad from India ?
Please let me know about.
knsaxena
adv. rajeev ( rajoo )
(Expert) 26 October 2009
Registration of marriage is compulsory to everyone, it is for their benefit only.
Sachin Bhatia
(Expert) 26 October 2009
Marriage Registration is compulsory for everyone, as you said both are moving to abroad from India it would be more essential for them.
Arul Kumar
(Expert) 26 October 2009
It is compulsory to register all Marriages within 6 months from the date of marriage. Please refer the recent directive from Honbl. Supreme Court of India.
Raj Kumar Makkad
(Expert) 26 October 2009
I also agree with all experts on this matter.
AEJAZ AHMED
(Expert) 26 October 2009
Dear Saxena,
Regstration is only for the purpose of facilitating the proof of Hindu marriages.
Read the following Section:
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Section 8 in The Hindu Marriage Act, 1955
8. Registration of Hindu marriages.
(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any of such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding any thing contained in sub- section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub- section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty- five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained In this section, the validity of any Hindu marriage shall in no way be affected by the omission to Make the entry, RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
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Smt. Seema vs Ashwani Kumar on 25 October, 2007
http://indiankanoon.org/doc/1558779/
Further, SC in the above case passed an order and issued directions as follows:
"Accordingly, we direct the States and the Central Government to take the following steps:
(i) The procedure for registration should be notified by respective States within three months from today. This can be done by amending the existing Rules, if any, or by framing new Rules. However, objections from members of the public shall be invited before bringing the said Rules into force. In this connection, due publicity shall be given by the States and the matter shall be kept open for objections for a period of one month from
the date of advertisement inviting objections. On the expiry of the said period, the States shall issue appropriate notification bringing the Rules into force.
(ii) The officer appointed under the said Rules the States shall be duly authorized to register the marriages. The age, marital status (unmarried, divorcee) shall be clearly stated. The consequence of non registration of marriages or for filing false declaration shall also be provided for in the said Rules.
Needless to add that the object of the said rules shall be to carry out the directions of this court.
(iii) As and when the central Government enacts a comprehensive statute, the same shall be placed before this court for scrutiny.
(iv) Learned counsel for various States and Union Territories shall ensure that the directions given herein are carried out immediately. "
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But as per my knowledge, so far no state has framed any Rules for implentation of cumpulsory Registration.
Anish goyal
(Expert) 26 October 2009
Aziz sir well explained.
There is a notification in Punjab after this guidelines 4 compulsory registration of marriage.
Kiran Kumar
(Expert) 26 October 2009
notification is there in almost all of the states now.
since one of the spouse is moving abroad, the registration becomes compulsory then, the embassy people will ask for the marriage certificate.
MANISH
(Expert) 29 October 2009
Dear Friend,
Mr. Ejaz Ahmad had explained each and every point.
It is true that from the case " Seema Vs. Ashwani Kumar" the Hon'ble SC has made all the marriages to be compulsorily registered.
