REGISTRATION OF HINDU

MARRIAGE ACT 1955(SECTION 8)

BY
Adv SAMHITA BANERJEE
ASST. PROF. OF LAW
 INTRODUCTION

Registration of marriage is not compulsory in all countries. However, most

of countries recognize the need for such registration. Registration of
marriage can be provided as evidence before the court of law whenever
required. In India, Hindu Marriages are legally registered under Section 8
of Hindu Marriage Act, 1955. After the solemnization of marriage, the
parties are required to register the marriage to provide written proof or to
prove it that the marriage has been legally existing. If a marriage is
unregistered it is not treated as void but is punishable with small fine. The
main purpose of the registration of marriage is to preserve a record of
marriage. The persons who are citizens of India belonging to various
religions should compulsorily register their marriages in the states where
the marriage is solemnized, the compulsory registration of marriage would
be a step in the right direction for the prevention of child marriages
prevailing in certain parts of the country.
 WHO CAN REGISTER A MARRIAGE UNDER
HINDU MARRIAGE ACT, 1955

According to Section 2 of the Hindu Marriage Act 1955, all those persons
who are Hindu, Jain, Buddha, or Sikh by religion and those who convert
and reconvert to Hinduism including (Buddhists, Jains, Sikhs) come under
the Hindu Marriage Act, 1955 and they all are eligible to register marriage
under this act.
 ESSENTIAL CONDITIONS IN
REGISTRATION OF HINDU
MARRIAGES

The essential conditions of a valid Hindu Marriage is defined under Section

5 and Section 7 of the Hindu Marriage Act, 1955 and Section 8 of the act
deals with the registration of marriages. If a marriage is solemnized by the
essential conditions and existing valid customs it can be registered. The
Hindu Marriage Act only deals with the registration of marriage that has
already been solemnized. The registration itself does not make a marriage
valid, it is the solemnization thereof which brings about marriage. The
mere registration of an agreement of a marriage is not sufficient to prove
marriage
 SECTION 8

Section 8 of the Hindu Marriage Act, 1955 lays down the registration of
marriages.
o Section 8(1) of the act empowers the State Government to make rules
for the purpose of registration of marriages. The State Governments can
make the registration of marriages compulsory but they cannot make
any provision invalidating the marriages as it is against the Sub-section
5 of the act.
o Section 8(2) of the act provides that a Hindu Marriage shall be
compulsorily registered if the State Governments have made rules
regarding them. The State Governments are also give an option to make
rules and conditions for registering the marriages in a register called
Hindu Marriage Register. Different state governments have enacted
rules regarding registration.
 CONT.

o Section 8(3) of the act states that all such rules made by the State
Governments regarding marriage registration shall be laid before the
State Legislature to give them legal status.
o Section 8(4) of the act states that the Hindu Marriage Register is a
public record and it should be open for inspection at all reasonable times
(allowing anyone to obtain proof of marriage), therefore on application
it shall be given by the Registrar on payment to him of the prescribed
fee. Also it should be admissible as evidence in a court of law. The
Registrar of Marriage is bound to record the divorce in the register
maintained by him on a divorce ordered by a court.
o Section 8(5) of the act lays down that any omission to make any entry in
the marriage register shall in no way affect its validity.
 SEEMA VS ASHWANI KUMAR AIR
2006 SC 1158.

FACTS

 In 2005, the original petition was first filed before the Haryana District Court due to constant fights and arguments between
Seema and Ashwani.
 The matter was pending in the Court of Additional District Judge Delhi, when an interim order dated 15th April 2005 was
passed, putting a stay on the proceedings.
 A transfer petition was made to the Supreme Court where one of the first and foremost question was that whether the marriage
between the petitioner (Seema) and the respondent (Ashwani) was a valid marriage or not.
 As this petition was being heard by the Supreme Court, it was observed that as the registration of marriage is not mandatory
under the provisions of Section 8 of the Act, it became a laborious task to prove the existence of marriage between the spouses.
The lack of official records of solemnized marriages was a loophole for many.
 As Section 8 (1) empowers all State governments to make rules regarding the registration of marriages, hence various states
have various laws governing marriages. Also, as per Section 8 (2), if the State is of the opinion that registration of marriage
should be made mandatory, the contravention of the same would attract fine. However, only 4 Acts in India mandated the
registration of Hindu marriage at that time.
 Several States and Union Territories were given notice, and the learned Solicitor General and Mr. Ranjit Kumar, learned senior
counsel, were asked to serve as Amicus Curiae to aid the Court establish rules regarding the registration of marriage.
Unfailingly, every State and Union Territory expressed their stance that marriage registration is strongly recommended.
 ISSUES AND JUDGEMENT

ISSUES
1. Whether the registration of marriage should be a mandatory provision or not?
2. Whether this mandate is constitutional or not?
JUDGEMENT
1. The Hindu Law empowers the State Government to draft rules for the registration of marriages.
Under Section 8 (2) of the Hindu Marriage Act, 1955, if the State Government in its opinion that
such registration should be compulsory.
2. Anyone violating rules made in this regard shall be punishable with fine. In spite of the fact that
most of the States have framed rules regarding registration of marriages but still in several States
registration of marriage were not compulsory.
3. The National Commission for Women has specified that non registration of marriages affects
the women. If the marriage is registered it will provide evidence of the marriage having taken
place and would also provide a presumption of the marriage having taken place.
4. The compulsory Registration of Marriage can help in reducing the issue of Child Marriage
which was prevalent at that time. It also provides evidence in the matters of custody of children,
right of children born.
 PROCEDURE OF MARRIAGE REGISTRATION

For the purpose of registration of marriage, one has to approach the office
of the Sub Divisional Magistrate under whose jurisdiction the marriage
took place or where either of the spouses stayed for at least six months
before the marriage. After the verification of all documents is done, a date
is fixed and communicated to the parties for registration. On the appointed
day, both parties along with a Gazetted Officer who attended their
marriage, need to be present before the Sub Divisional Magistrate. The
Marriage certificate is also issued on the same day.
 EFFECT OF NON-REGISTRATION AND
REGISTRATION OF MARRIAGE

The effect of non-registration of marriage by any person after the

enforcement of Section 8 of Hindu Marriage Act, 1955 is that it would be
punishable with fine which may extend to Rs.25/-. Both the spouses will be
liable for punishment if the entries are not made. If only one of the spouses
had made the entries the other spouse will not be liable for punishment.
The effect of registration of marriage is that foreign embassies or
consulates grants visa to spouses who have marriage certificate as a proof.
In cases like legal separation, divorce, alimony or custody of children the
courts may insist on seeing marriage certificates so it is useful as an
evidence.
THANK YOU