Under the Hindu law registration is not compulsory until and unless the state makes it compulsory. The procedure will be same as under Special Marriage Act only the number of witness changes from three to two. Marriage under Muslim law is a contract and hence registration is the basic essential for validating Nikah.
Is Hindu marriage valid without registration?
1. The marriage has been solemnized according to Hindu rituals. The fact that it has not been registered does not affect the validity of the marriage. … If the spouses do not wish to continue the marriage then they may file for mutual consent divorce after drawing up the consent terms.
Is marriage certificate compulsory in India?
People often debate whether to have their marriage registered in court or not. The Supreme Court of India, in 2006, made it mandatory to register all marriages in the eyes of the law, making it an important certificate to prove your relationship with your spouse.
Is unregistered marriage legal in India?
The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal. 2. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.
In which Act the registration of marriage is compulsory?
(A) Compulsory Registration of Marriages Acts: (i) The Punjab Compulsory Registration of Marriages Act, 2012 provides for compulsory registration of marriages solemnised within the State under any law governing the parties irrespective of their religion, caste, creed or nationality.
Who can marry under Hindu Marriage?
As per Section 2 of Hindu Marriage Act, 1955, marriage amongst Hindus in any form irrespective of caste or creed or amongst any person who is bound under Hindu Marriage Act, 1955 like Buddhists, Sikhs, Jains and so called Hindus is a Hindu Marriage.
What is a proper or valid Hindu marriage?
What is a proper or valid Hindu marriage? … For example, the law makes it very clear that in a Hindu marriage, where the ceremony includes the saptpadi, the ritual of circling the sacred fire seven times, the ceremony becomes complete and the marriage binding when the seventh round is completed.
Is it compulsory to marry?
Taking into view the conditions of women who are suffering from their married life because of ill habits of husbands, marital distress etc the Supreme Court ruled out that irrespective of any religion the parties to marriage belong, the registration for any marriage will be held to be mandatory and compulsory in nature …
How do I register for Hindu marriage Act?
Both partners will need to fill in the Application Form, sign it and submit it along with two photographs of the marriage ceremonies, invitation card of marriage, age and address proof of both parties, affidavit of Notary/Executive Magistrate to prove that the couple is married under Hindu Marriage Act 1955, fit mental …
How can I prove my marriage without certificate in India?
- non registration does not affect validity of marriage.
- if marriage is not registered wedding invitation cards , wedding photographs are sufficient to prove that marriage has taken place.
- mere wedding invitation cards is not sufficent to prove the marriage.
Is Hindu marriage legal?
The Hindu Marriage Act, 1955. (1) This Act may be called the Hindu Marriage Act, 1955. (2) It extends to the whole of India except the State of Jammu and Kashmir 1 , and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
Is an unregistered customary marriage valid?
A woman in a customary marriage whose rights have been infringed upon has the right to access the courts and have her rights upheld. A customary marriage, even if unregistered, remains valid it if complies with section 3 of the Act, until proven otherwise.
What if my marriage was never registered?
You will probably still be considered married even without the certificate. California law, for instance, needs the officiate to return the license to the recorder or county clerk within a 10-day period after the wedding.