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Payel Nandi (LAW STUDENT)     14 May 2011

HINDU MARRIAGE WITHOUT REGISTRATION

IN HINDU MARRIAGE IS THE REGISTRATION AND PERFORMING OF HINDU RITUALS BOTH OR EITHER OF THIESE AMOUNT TO SUCCESSFUL MARRIAGE?IF TWO PERSONS ARE MARRIED ACCORDING TO HINDU RITUALS AND PERFORMANCE BUT HAVE NOT GOT REGISTRATION THEN WILL THEY BE CALLED AS MARRIED COUPLE?IS THIS MARRIAGE VALID?



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 24 Replies

Arpit (er.)     14 May 2011

registration is a procedure and is a evidence of marriage and in no ways it effects the validity of a marriage performed according to the HINDU RITUALS but the govt may impose fine for failure of registration

Arup (UNEMPLOYED)     15 May 2011

HINDU MARRIAGE WITHOUT REGISTRATION IS A VALID MARRIAGE.

IN A LATTER STAGE YOU MAY REGISTER THE SAID MARRIAGE.

Om Prakash Dhusia (HR assistant)     15 May 2011

Irony is that only ritual make them husband and wife but if any difference arises at later stage either of them would be wandering for legal proof.So get it registered at once before it is too late.It may cost you less now.

Regards

Nirupom Dutta (advocate)     15 May 2011

Yes, valid. because registration is not compulsory. u/s 8 subsection (5) of hindu marriage act 1955 clearly defined it. where as registration under the special marriage act ,1954 is sort of evidence of marriage.

1 Like

Advocate M.Bhadra   15 May 2011

Marriage solemnized according to Hindu Custom and Rites is valid marriage ,no need to compulsory registration but may be registered under Hindu Marriage act.

nilanshroj (Programmer analyst)     11 February 2013

For the following scenario:

The male/ female is married to a person in hindhu custom and the marriage is not registered legally. the marriage was organised in front of everyone as a regular marriage. Then the male/ female registeres there marriage with another male/ female in the register office.

1.Which marriage is legal?

2.will they be charged case for this situation if the forst marriage was told as it was forced?

3. is there any solution for the second marraige to be legalised?

4.what is the position of the individuals?

Nitin (Law)     11 February 2013

HINDU MARRIAGE WITHOUT REGISTRATION

If i say Hindu marriage without registration is not legally valid then many of you will here bring the argument "then how come your parents marriage is valid if it was not registered".

As per the Hindu marriage if some specific rituals like Saptapadi and seven pheras done then marriage is considered valid and many lawyers will claim that the videos,pics,wedding cards and few witness are enough to prove validity of marriage.

If husband and wife have no troubles then there is no problem but if they have problem in relationship and one of them claims there was no marriage then it depends upon the other party to prove the validity of the marriage whereas having marriage certificate there is nothing to worry.

Now proving the legal validity depends entirely on the capability of the Lawyer.Now how can one prove there was 7 pheras with a video as its easy to manipulate a video and one can even make 70 pheras with todays technology.Now a lawyer can easily screw any witness in the witness box as will ask how to know if the mantras recited by the pandit was correct and how they know its proper marriage and even the pandit who performed the marriage will be called in the witness box and finally one of the spouse can easily deny the marriage saying that they were foced into the marriage.Also it has to be proved that after marriage the couples are living together as husband and wife and if not it would be treated as fake marriage validity of marriage is a big question.

I know of cases in which the marriage was unregistered and also it was never consummated but the woman lied that the marriage was consumated but when she came to the witness box the kind of questions which the lawyer asked the woman could not answer as how can she know his size when it was not consumated.

So in conclusion i would say Hindu Marriage without registraion is still valid but chances are there to make it invalid if one hires a smart lawyer.If the Marriage is unregistered and unconsumated then even a average Lawyer can easily make this marriage void even if there is videos,photos,wedding cards except legal marriage certificate.

1 Like

Nitin (Law)     11 February 2013

Also as mentioned here if Marriage is not registered then one has to pay fine.This is valid only when the couple don't register and when they later go to register the marriage they have to pay fine.

On the other hand no one can force a person to register the marriage as this itself will prove that the marriage took place by force.If the husband or wife is not willing to regieter the marriage then the marriage itself is in question and there is no law to force or punish one of them to get the marriage registered.Yes in this situation many lawyers will give the advice to file 498a but again if you have a smart lawyer then one can not only punish the people who file false 498a but also the Investigating office.

Hope you must have seen the debate last week in DD regarding inclusing of marital rape and the director of CSR Ranjana Kumari who said 498a law should not be removed its the problem with the police that they arrest.

1 Like

nilanshroj (Programmer analyst)     12 February 2013

Thank you very much nitin. this is a gud response from you. actually if they dont register for a long time then is the marriage considered to be cancelled at any point of time?

if the Male/Female forced her out of the house and stays seperate and fights without a lawyer is it possible by her to get ditached from that marriage?

My friend is forced to marry a guy and she is asking help to me to over come it. i had no clue wats law. so please help me in finding a way out for her. she is in love with a guy and they wantedto marry each other. this scenario i dont no how to solve it. its a life matter more than law and order. but i wanted to help them legally so that later years it doesnt affect there lifes.

anamika rani (hr)     17 September 2013

Thanx for the above reply.


Scenario:

The male is married to a person in hindhu custom and the marriage is not registered legally. the marriage was organised in front of everyone as a regular marriage. Then the male registeres there marriage with another  female in the register office.

1.Which marriage is legal? And which marriage will get 1st preference and legally authorised?

2.will they be charged case for this situation if the forst marriage was told as it was forced (situation male parents forced him)?

3. Is there any solution for the second marraige to be legalised?

4. what is the position of the individuals?

 


please help ! help! help!

its really gona save someone life.... please :(

anamika rani (hr)     17 September 2013

2nd marriage-Saptabadi / homa done along with that its registered too! Then which married will be taken into consideration first? By the way what is consuamted? And if male is forced by his family to get married for 1st marriage, what action he can take? Pls reply. M waiting! Thnx a lot for your reply!

anamika rani (hr)     17 September 2013

Yes ur understanding of both the marriages is right! Now u tell me who will be know as a legal and 1st wife? And one more thing the 1st marriage as per above said was forcefully! 2. Do he have to proof the forcefull marriage in court? And after one year of marriage male stopped staying with 1st marriage girl for 3-4 years. Wether the marriage ll be consider? Thanks a lot 4 all ur response! I'm still waiting for my response. Sorry I slept off! Pls do reply

anamika rani (hr)     17 September 2013

1st marriage- one time intercourse and lived 1year! Everything was forcefully done with all emotion drama. Not registered. 2nd marriage- so many timez intercourse and living for 3years. All hindu rituals done along with registered marriage! Now tell who ll get 1st preference? Pls help raj!!!!!!

anamika rani (hr)     17 September 2013

Dear Raj, Its my friend. I just want to know which marriage will b acceptable 1st as per law and society! And from 1st marriage kid n process! Only one! Hw to prove that marriage void and illlegal

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