Introduction

Marriage is a legal institution that establishes the relationship between two individuals and their respective families. In India, marriage is considered a sacred institution and has social, cultural, and religious significance. The Indian Constitution recognizes the importance of marriage and family, and it provides various provisions to safeguard the rights of married individuals. One such provision is the compulsory registration of marriages.

Compulsory registration of marriage makes it mandatory for the couples getting married under any custom or law to register their marriage with the Registrar. In India, the registration of marriage is governed by the respective personal laws of the parties, and it is not mandatory in many states. However, the Supreme Court of India has held that registration of marriage is compulsory under the Special Marriage Act, 1954, which governs marriages between persons of different religions or those who do not wish to follow their personal laws. The Act provides for the registration of marriages in a separate register maintained by the Registrar of Marriages.

Legislative History

The Hindu Marriage Act, 1955, is the primary legislation that governs marriages among Hindus in India. Section 8 of the Act provides that the state government has the duty or responsibility of framing rules regarding the registration of marriages in India. A discretionary power is given to the State Governments under this section for the compulsory registration of marriages. The registration of marriage is done by the Registrar of Marriages appointed under the Act. The parties to the marriage have to provide the necessary details and documents required for the registration of the marriage. The Registrar of Marriages issues a certificate of marriage after the registration.

Hindu marriage is solemnised as per Section 7 of the Act providing for Saptpati and the rituals followed. According to the section, the parties to a Hindu marriage shall get their marriage registered within fifteen days of the solemnization of the marriage.

The Special Marriage Act, 1954 is a secular legislation that provides for the registration of marriages among people of different religions and castes. Section 15 of the Act provides for the compulsory registration of marriages. According to this section, the parties to a marriage under this Act shall get their marriage registered within thirty days of the solemnization of the marriage. The registration of marriage is done by the Marriage Officer appointed under the Act. The parties to the marriage have to provide the necessary details and documents required for the registration of the marriage. The Marriage Officer issues a certificate of marriage after the registration.

The Parsi Marriage and Divorce Act, 1936 is the legislation that governs marriages among the Parsi community in India. Section 6 of the Act provides for the certification of marriage by the priest and Section 12 of the Act provides the responsibility of the Priest to transmit the records of such registration to the Registrar of Marriage and if any priest neglects to comply with any of the requisitions affecting him contained in Section 6 shall be punished for every such offence with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both. According to the Act, the parties to a Parsi marriage shall get their marriage registered within thirty days of the solemnization of the marriage. The registration of marriage is done by the Registrar of Marriages appointed under the Act.

The Muslim Personal Law (Shariat) Application Act, 1937 is the legislation that governs the personal laws of Muslims in India. The Act does not provide for the compulsory registration of marriages. However, the Supreme Court of India, in the landmark judgment of Smt. Seema v. Ashwani Kumar, 14^th February 2006, held that the registration of marriages is compulsory for Muslims as well. The Court held that the registration of marriages is necessary to safeguard the rights of women and children and to prevent child marriages. The Court directed the state governments to take necessary steps to ensure the compulsory registration of marriages among Muslims.

State Legislations

The Supreme Court in the case of Smt. Seema v. Ashwani Kumar, Transfer Petition (Civil) 291 of 2005, suggested the compulsory registration of marriage in India and directed the states to provide legislation made in the same regard.

Section 6 of the Haryana Compulsory Registration of Marriages Act, 2008, provides for compulsory registration of all marriages constituted in the state of Haryana.

The Registrar under Section 5 of the Act also has the power suo moto enter any marriage which takes place in his jurisdiction in the register, after calling the parties and ascertaining the facts as required to be registered, without fee or reward.

Section 9 provides that it is mandatory for the registration of marriages within 90 days of solemnisation of the marriage.

Conclusion

The compulsory registration of marriages is a crucial provision that ensures the protection of the rights of married individuals and the prevention of child marriages in India. The Indian Constitution recognizes the significance of marriage and family and provides various provisions to safeguard the rights of individuals. The Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Parsi Marriage and Divorce Act, 1936, and the Muslim Personal Law (Shariat) Application Act, 1937, are the primary legislations that govern the registration of marriages in India.