Hindu marriage

This query is : Resolved 
 

(Querist)
29 June 2020

whether non registration of marriage would affect thee spouse's right of inheritance.?


Dr J C Vashista (Expert)
29 June 2020

No, rights of succession is not related to registration / non-registration of marriage of a spouse.
What are the facts of the case where you wish to apply the preposition of law, if it is a true story ?

Sudhir Kumar (Expert)
29 June 2020

Please state facts of the case.

given question paper only creates one reply

"NO"

N.J.S.Rajkumar alias narasimha (Expert)
29 June 2020

Registration of Marriage would prove it is a Legally Valid Marriage under Court of Law. Other wise there could be a Legal Battle to prove it If denied or objected.

N.J.S.Rajkumar alias narasimha (Expert)
29 June 2020

Although the legal status of live in relationship is unclear in India the Supreme Court had ruled that any couple living together for a long term will be presumed as legally married Unless Proved Otherwise.

krishna mohan (Expert)
29 June 2020

Not at all. But marriage registration is needed for other purposes like visa or passport etc.,

N.J.S.Rajkumar alias narasimha (Expert)
29 June 2020

" My self stopped explaining each and every one when I realized people would understand only from their level of perception "

P. Venu (Expert)
29 June 2020

What are the facts? What is the context?

N.J.S.Rajkumar alias narasimha (Expert)
29 June 2020

Registration of Marriage would be a strong evidence to confirm the legality of wife and husband and their legal Rights can not be denied for any reason. until the marriage is dissolved by court. and it is just not for the purpose of Visa and PassPort alone.

K Rajasekharan (Expert)
29 June 2020

The answer to your question is "big no", a definite no, as some people have already stated in unequivocal terms.

Marriage and its registration are quite separate things.

Marriage is over once legally valid solemnization is done in accordance with the stipulations of law in force. 

Non registration of marriage does not destabilise the already completed solemnization and thereby the marriage.

But registration as some have already said, is a prima facie proof of marriage. It is only a "prima facie proof", but not a conclusive or un-rebuttable proof.

It is a rebuttable  proof as the Supreme  Court said in the judgement in Seema v Ashwin Kumar in 2006, based on which common marriage registration has been instituted in most of the states including Kerala.

The judgement is available at https://indiankanoon.org/doc/1037437/

Rajendra K Goyal (Expert)
29 June 2020

Non registration of marriage would not affect the spouse's right of inheritance.

Sudhir Kumar (Expert)
29 June 2020

still not stated facts.

N.J.S.Rajkumar alias narasimha (Expert)
29 June 2020

The Reference of Supreme Court- Transfer Petition Order of 2006 referred by Mr.K.Rajasekharan is Good Reference but partly Read. We should study the Full Orders and not the just one Para in the beginning. Order was in 2006 which clearly mentioned by Honorable Bench of Supreme Court stated that " The National Commission had said the Non Registration of Marriage affects the many women and confirmed that compulsory Registration would be critical importance to women ". . It also added that the marriage of all persons who are citizens of India should be compulsorily Registered in their respective states where it is solemnized. The Orders to be read fully before Quoting it any how Thanked Please.

K Rajasekharan (Expert)
30 June 2020

As a consequence of the Supreme Court judgement in Seema v Ashwin Kumar which asked the government to enact a law for compulsory registration of marriages.

The Government of India then referred the matter to the law commission and the law commission submitted its 270th report in July 2017 on the subject suggesting the need for enacting a central law to regulate compulsory registration of marriages.

Please see the chapter 6 of the the 270th report of the law commission proposing the need for compulsory registration and the need for a central law.

The report proposes that a person who does not register a marriage within a prescribed period can register his/ her marriage even after one year or more, by paying a fine and following some procedural formalities.

The proposed law has not been enacted as of now. Therefore a marriage is still a marriage even without its registration, and non registration of a marriage cannot add or reduce any benefit of marriage, as of now.

But as the court, law commission and others suggest, marriage registration is a right thing to do.

N.J.S.Rajkumar alias narasimha (Expert)
30 June 2020

In simple words the Registration of Marriage is Legally Authorized under the Court of Law.

P. Venu (Expert)
30 June 2020

The provisions of Section 8 of the Hindu Marriage Act constitute the prevailing public policy in this context.

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 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 anything 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

Rajendra K Goyal (Expert)
30 June 2020

It is always better to get the marriage registered. It is requirement of law.
Yet a large no. of marriage are not being registered in India.

P. Venu (Expert)
30 June 2020

In my understanding, there cannot be any such requirement of law unless the concerned State Government notify the Rules as provided under Section 15(2) of the Hindu Marriage Act.



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