Is unregistered Hindu marriage valid?
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.
Is it necessary to register a Hindu marriage?
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.
What happens if you dont register your marriage?
If you haven’t registered your marriage in the court, you still have to go through the same legal divorce proceedings to officially separate from your partner. The Indian government recognizes all marriages that have been officiated under religious rituals and ceremonies.
What does the effect of non registration of marriage is on validity?
Omission to register the marriage does not affect the validity of the marriage. The Special Marriage Act of 1954 contains provisions for the registration of marriages celebrated even otherwise than under the Act (or under the Special Marriage Act of 1872 superseded by the Act of 1954).
Can divorce without marriage certificate?
You can’t file for a divorce without your marriage certificate – that much cannot be disputed. … Yes, if you need a copy of your marriage certificate that can legally replace the original, then you need to visit the register office that originally issued the certificate and request a certified copy of it.
How can I prove my marriage without a certificate?
Such indirect evidence would include personal letters and emails, phone records, residential records, travel records, joint family photographs, joint business records, and other proof that the couple shared the same household or resources.
In which case is marriage registration compulsory?
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 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.
How do I know if my marriage is registered?
To be sure, try calling the NSO hotline at 737-1111, or better yet, go to your local civil registry or the NSO personally to check if your marriage has been registered.
Is it necessary to get marriage registered?
With no compulsion for registration of marriages in India, it is necessary that the Central Government makes provisions to register all marriages, that have taken place in their States/Union Territories or elsewhere. Thus, all marriages in whatever form, should be registered in order to secure women from harassment.
Is unregistered customary marriage valid?
In any event s 4(9) of the Act provided that failure to register a customary marriage did not affect the validity of that marriage. … In conclusion, the non-registration of a customary marriage does not affect the validity of such marriage, thus such marriage is not null and void.