Marriage Not Invalidated by Lack of Registration, Allahabad High Court Rules
The Allahabad High Court has ruled that a marriage solemnised under the Hindu Marriage Act is not invalid simply because it was not registered. Justice Manish Nigam observed that while state governments can make rules for compulsory registration, its purpose is merely to provide convenient evidence of the marriage. The court clarified that the validity of the marriage itself is not affected by the failure to make an entry in a register, setting aside a family court order that demanded a registration certificate.
Unpacked:
Marriage registration provides legal proof and convenient evidence of the marriage, which is especially important for administrative matters like visa applications, property disputes, and inheritance. It helps establish marital status in legal proceedings, even though the marriage itself remains valid without registration under the Hindu Marriage Act.
State governments can make rules for compulsory registration to maintain public records, but non-registration does not invalidate the marriage under the Hindu Marriage Act. However, failure to register may result in administrative penalties or difficulties in proving marriage in official matters, but it does not affect the legal validity of the marriage itself.
The process includes filling out a registration form signed by both spouses, providing proof of date of birth, address, marriage photographs, affidavits, and, if applicable, a priest’s certificate. Both parties must appear before the registrar with witnesses. The certificate is typically issued on the same day or within a few days after verification.
NRIs and foreigners often require additional documentation such as proof of NRI status, marital status, and sometimes a ‘no objection’ certificate from their consulate. Their marriages can be registered under the Hindu Marriage Act or the Special Marriage Act, but the process is typically more detailed and lengthy to verify identity and eligibility.