Legality of “Marriage Ceremony & Registration” in India

13-05-2024

Legality of “Marriage Ceremony & Registration” in India

 

GS-1: Indian Society

(UPSC/State PSC)

13/05/2024

Source: The Hindu

Context:

Recently, the Supreme Court in its judgment said that Hindu marriage cannot be considered valid in the absence of requisite marital ceremonies.

  • The Supreme Court has given this decision considering the “Dolly Rani vs. Manish Kumar Chanchal case” as its basis. The Supreme Court has stressed the necessity of registration and ceremony of marriage to provide validity to Hindu marriage.

What is Dolly Rani vs Manish Kumar Chanchal case?

  • This case relates to a couple who got married on 07 March 2021 and claimed that their marriage was solemnized on 07 July 2021, for which they had also obtained a “Marriage Certificate”, but the marriage ceremony of this couple was scheduled to be held on 25 October 2022 as per Hindu methods and customs, which could not be completed.
  • Due to certain differences, when the defendant filed a petition for divorce and appealed to the court, the court declared that on July 07, 2021, their marriage was not valid as par the law and the marriage certificate issued could also not be valid. The court has given this announcement keeping in mind the arguments of the parties.
  • The parties admitted that the marriage was not solemnized in accordance with any matrimonial rites, rituals and customs and the marriage certificate was obtained illegally.

About Marriage Ceremony:

  • Marriage ceremony refers to the expected and traditional rituals that are essentially conducted for the solemnization of a marriage.
  • In India, different religions follow different rituals for marriage. In Hindu religion, 'Saptapadi' and 'Kanyadan' have special importance in the solemnization of marriage because Kanyadaan and Saptapadi (seven vows) make Hindu marriage sacred.
  • In Christianity, a ceremony conducted in a church based on local customs is recognized as a valid marriage.
  • In the Muslim religion, a valid marriage requires both parties' consent, vocal permission and signing of the Nikahnama.
  • Provision has also been made for specific personal methods and customs for different religions for the solemnization of marriage.
  • The Special Marriage Act, 1954 (SMA) provides a secular option. The Act enables couples of different religions to marry through a civil process without religious traditions and customs.

What is a valid marriage?

  • Hindu Marriage Act 1955 (HMA): This Act lays down the conditions necessary for a valid marriage under the following sections:

Section 5

Neither party at the time of marriage:

  • is incapable of giving valid consent as a result of unsound mind, or
  • despite being capable of giving valid consent, is suffering from mental disorder of such a nature or to such an extent as to render him unfit for marriage and procreation, or
  • Repeatedly behaves like a mad person.
  • At the time of marriage, the groom has completed 21 years of age and the bride has completed 18 years of age.
  • The parties must not be within the degrees of prohibited relationship, unless the custom or custom governing each of them permits marriage between them,
  • The parties should not be sapindas of each other, unless the custom or usage governing each of them permits marriage between them.

Ceremony for Hindu Marriage:

Section 7

  • A marriage is considered valid if it is solemnized between a Hindu couple in accordance with the traditional ceremonies and customs of each of the parties or either of them mentioned in Section 7 of the HMA.
  • A Hindu marriage can be solemnized according to the traditional rites and ceremonies of either party.
  • Where such rites and ceremonies involve Saptapadi (i.e., the joint taking of seven steps by the bride and groom in front of the sacred fire), the marriage becomes complete and binding on taking the seventh step.
  • Customary ceremonies and rituals mean that the marriage can be solemnized as per the customs and traditions of the community. For example, one community may arrange only for the exchange of garlands, while another may require a more elaborate yagya ritual. The Act takes these differences into account.

Indian Christian Marriage Act, 1872:

  • Sections 4 to 9 of this Act specify the conditions necessary for a marriage to be considered valid.
  • Both parties must be Christians, or at least one of them, as defined in section 3.
  • The marriage ceremony must be conducted by an authorized person in accordance with the provisions mentioned in Section 5 of the Act.
  • Under this Act, state governments have the right to issue and withdraw licenses for solemnizing marriages of specific persons.

Muslim Nikah:

The essentials of a valid Muslim Nikah are:

  • The parties must have the capacity to enter into marriage.
  • Offer (Izaab) and acceptance (Qabool).
  • Free consent of both parties.
  • A fixed amount (Mehr).
  • There should be no legal hurdles.
  • Witnessing (Sunni – proposal and acceptance must be done in the presence of two male or one male and two female witnesses, who are sane, adults and Muslims; Shia – witnesses are not necessary during Nikah).

Provisions relating to registration of marriage:

Procedure for Hindu Marriage:

  • Section 8(1) of the Hindu Marriage Act 1955 (HMA) enables state governments to make rules for the purpose of registration of marriages.
  • Section 8(2) states that, notwithstanding anything contained in sub-section (1), the State Government may, if it considers necessary or expedient, make the furnishing of the statement mentioned in sub-section (1) mandatory either universally or for specific cases within the entire State or in a specified area.
  • In cases where such directions are issued, whoever contravenes any such regulation made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

Procedure for Muslim marriage:

  • Registration of Nikah is mandatory and binding among Muslims, as Muslim Nikah is considered as a civil contract.
  • Every Nikah between Muslims after the commencement of this Act shall be registered within thirty days from the conclusion of the Nikah ceremony in accordance with the provisions hereinafter given.
  • Nikahnama is a type of legal document in Muslim marriages, which contains the essential conditions/details of the marriage.

Procedure for Christian Marriage:

  • Sections 27-37 are Part IV of the Indian Christian Marriage Act, 1872, which specifically addresses the registration process for marriages solemnized under this Act, between Indian Christians.
  • Marriages must follow prescribed rules and are usually conducted by a priest affiliated with the Church of England.

Implications related to marriage registration:

  • Legal Recognition: Although in most cases registration of a marriage is not mandatory for its validity, it serves as conclusive evidence of the existence of a marriage. Without a registered marriage certificate, proving the existence of a marriage can be challenging, especially in legal proceedings.
  • Rights and benefits: A registered marriage certificate is often required to avail various rights and benefits provided by the government, such as inheritance rights, spousal benefits and social security schemes. Therefore, if registration is not done, these rights may be denied.
  • Legal proceedings: In case of disputes related to marital status, property rights or divorce, a registered marriage certificate can simplify legal proceedings by providing clear documentation of the marriage. Failure to register such cases can complicate and prolong the legal process.
  • Visa and Immigration: In some cases, a registered marriage certificate may be required for visa application and immigration purposes, especially for spouses wishing to join their partners in the other country. Therefore, lack of registration can hinder such processes.

Important issues related to marriage registration:

Seema vs Ashwani Kumar (2007):

  • In this case, the Supreme Court held that under the Hindu Marriage Act, 1955, registration of marriage is left to the discretion of the parties, they can either solemnize the marriage before the Sub-Registrar or solemnize the marriage as per customary beliefs. After performing the ceremony it can be registered.
  • Justice Mahmood maintained the nature of Muslim Nikah as purely a civil contract rather than a sacrament.

Conclusion:

In a recent judgment, the Supreme Court has highlighted the importance and observance of various rituals, practices and customs conducted during marriages in different religions to ensure the validity of the marriage in the eyes of law.

According to the Court, registration and ceremony of marriage under proper legal and religious framework is mandatory and important.

-------------------------------------------------------

Mains Question:

Examine the legality of marriage ceremony and registration in India.