Marriage certificates are rarely taken seriously in India despite the fact that they are extremely important to society and the general population. Numerous marriages take place without the necessary legal requirements being met, which may pose issues for newlyweds. In addition to providing the partnership with legal status, the registration process also gives the wife and the husband specific protections in case something goes wrong. A marriage that has been officially registered makes the divorce process less difficult. A legally registered marriage also makes things easier for another spouse in the event of the death of either the husband or the wife. A marriage certificate from the surviving spouse is required if life insurance is to be claimed after a partner’s death.
What is marriage registration?
Marriage registration is a legal process by which a marriage between two individuals is recorded with the appropriate government authority. This process establishes the legal validity of the marriage and provides legal proof of marriage.
An official document that certifies a couple is married is a marriage registration certificate. Marriages can be registered in India through either the Special Marriage Act of 1954 or the Hindu Marriage Act of 1955. A marriage registration certificate is an official declaration that a couple is married for both forms of marriages. To protect women’s rights, the Supreme Court mandated marriage registration in 2006. Therefore, getting a marriage registration certificate after getting married might be very advantageous.
What is the process to register a marriage?
The laws governing the marriage registration process in India are set by the individual state governments, and they may vary from one state to the next. Typically, couples must file an application to the local Registrar of Marriage in the community where the wedding was held or where one of the partners resides.
A marriage certificate issued by the religious institution where the marriage took place must be submitted with the application as appropriate supporting documentation, including proof of age, address, identification, and marriage. The registrar will register the marriage and issue a marriage certificate following the documents’ verification.
Indian Marriage Registration Laws and Regulations
- At the time of the wedding, neither party may have a legally acknowledged spouse who is still alive.
- Due to insanity, neither person should have provided consent. Even though both partners are able to give legally binding consent, neither one of them should have a mental illness of any type.
- Neither of them should experience frequent episodes of epilepsy or madness.
- At the time of marriage, the bride should be 18 years old, and the groom should be 21 years old.
- If a wedding between the two of them is permitted by the custom or tradition that governs each of them, the parties should not be to any degree, an unlawful connection. The parties are not one another’s direct ancestors (spindles), unless the prevailing custom or tradition allows for their marriage.
Benefits of a registered marriage in India
There are several benefits of a registered marriage in India, some of which are:
- Legal recognition: A legally recognized marriage is a marriage that has been registered. It ensures the marriage’s legal validity and offers proof of marriage.
- Social security benefits: With a legally recognized marriage, a couple is qualified to receive pensions or life insurance in the occurrence of a spouse’s death.
- Property rights: A marriage that is legally recognized makes it easier to assert property rights. The marriage certificate can be used to support the claim of the spouse in any property dispute.
- Inheritance rights: Obtaining inheritance rights may be facilitated by a legally valid marriage. The marriage certificate might be used to prove the spouse’s claim to the decedent’s property in the absence of a will.
- Immigration and visas: A registered marriage may make it easier for the spouse to receive immigration and visa benefits.
- Bank accounts and loan facilities: Opening a joint bank account and acquiring financial services as a couple are made possible by a recognized marriage.
- Children’s rights: A legally recognized marriage ensures the legitimacy of any children the couple has, as well as their entitlement to inheritance and other advantages.
- Custody of the children: The court requires a marriage certificate to be presented in the family court for the transfer of property or the custody of children in cases of legal separation.
In conclusion, marriage registration is important as it provides legal recognition to the marriage and helps in establishing various rights and benefits for the couple and their children.
Registering your marriage offers security to both partners and makes life much easier in a nation where laws are subject to change. A spouse visa makes it easier for couples to travel overseas, and a marriage certificate is required when applying for residency in another nation. A marriage certificate is one of the obligatory documents required by a bank or lending authority for couples who intend to purchase a shared property or apply for a house loan. So, the registration of marriage is very important and plays a vital role in a couple’s life.
Read our Article:How Many Witnesses Are Required For Marriage Registration?