SC 11The Supreme Court of India in the case of Smt. Seema v. Ashwani Kumar AIR 2006 58. stated that marriages involving individuals of diverse religions and who are citizens of India must be mandated for registration in the states where the marriage is conducted.
The recommendation by National Commission for Women backs mandatory marriage registration, recognizing its impact on issues such as Preventing child marriages, curbing bigamy, empowering married women to claim their rights concerning residence in the marital home, maintenance and granting widows their rightful inheritance after their husband’s demise etc.
Legislative Acts
The Parsi Marriage and Divorce Act of 1936 and Christian Marriage Act of 1872 mostly rely on The Birth, Death and Marriage Registration Act,1886 to enforce mandatory marriage registration.
Section 6 of Parsi Marriage and Divorce Act mentions Certificate and registry of marriage and Section 37 of Christian Marriage Act provides for registration of marriage.
A Hindu marriage may be solemnised by performing the customary rites of the parties under Section 7 of Hindu Marriage Act 1955.For example – Saptapadi (Marriage reaches fulfilment as the couple takes seven steps around the sacred fire in unison).
Marriages occurring under the Special Marriage Act,1954 have to be registered in order to be seen as a valid marriage. Section 16 of the Act outlines the marriage registration process.
State Level Implementation
Several States have enacted laws to enforce Mandatory Marriage registrations including Himachal Pradesh, Uttar Pradesh and Tamilnadu etc.
Although many states require registration and impose penalties for delayed compliance, none have passed laws declaring unregistered marriages as invalid or void.
Conflicting Laws On Minimum Age Criteria
In Lajja Devi v. State, 2012 SCC OnLine Del 3937, Delhi High Court highlighted the conflicting laws regarding the consequences of marriage where one or both parties do not meet the minimum legal age requirements. While Prohibition of Child Marriage Act,2006 specifies 18 as the minimum age for Brides and 21 for groom whereas Muslim law recognizes marriage of minors who have reached puberty as valid.
The Supreme Court’s examination led by DY Chandrachud of the conflict between Prohibition of Child Marriage Act and Muslim Personal law, particularly regarding the legal marriage age for Muslim girls, is currently underway as of 2023. This follows a precedent set in the 2018 Hadiya Akhila and Safin Jahan Case.
Conclusion
The talk about unregistered marriages in India revolves around making sure marriages get officially recorded, different states’ rules about it, and arguments over the youngest age for marriage, which courts are trying to sort out for everyone to agree on.
Done By: V. Madhumitha, 5th year B.A, LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
