India Laws on Registration of Marriage | FindYourAdvocate

Why registration of marriage is Compulsory


India Laws on Registration of Marriage | FindYourAdvocate


In India, there is no central law requiring marriagregistration. According to the commission, the registration of marriages in different parts of the country is governed by one of three central laws (Birth, Death, and Marriage Registration Act of 1886; marriage registration). 1908 Act; and Birth and Death Records Act of 1969) or local law, or a combination of both, creating a lot of confusion between authorities and those who are or have been legally required to register their marriages.

As for personal law, guidelines for registering marriages can be found in the Indian Christian Marriage Act of 1872, the Kazi Act of 1880 (Muslim), the Anand Marriage Act of 1909, the Marriage Act, and Parsi Divorce of 1936, the Special Marriage Act of 1954, Hindu Marriage Act of 1955. Except for the Parsi Marriage and Divorce Act of 1936, the Christian Marriage Act of 1872, and the Special Marriage Act of 1954, no marriage law requires mandatory marriage registration.

The 1936 Act and the Christian Marriage Act of 1872 relied largely on the provisions of the Birth, Death, and Marriage Registration Act of 1886 to introduce compulsory marriage registration for records and statistics. that the priests must regularly submit their records to the registrars. A priest who fails to certify a marriage or provide his copy to the registrar is committing an offense punishable by a simple imprisonment of up to three months, a fine of up to 100 rupees for different districts, and they are under Section 9 of the Act obliged to send their data to the general registry office for births, deaths and In 1872 the extracts of legally registered marriages are sent to the Inspector General for registration.

Section 34 mandates the transfer of registration records for various types of marriages to the General Registration of Births, Deaths and Marriages Act of 1886. The Supreme Court in Seema v. Ashwani Kumar observed the same thing and ordered states to register ceremonial marriages in his jurisdiction. Himachal Pradesh was the first state to introduce mandatory marriage registration law in 2004. Court ruling, many states have developed relevant laws or made rule changes to introduce compulsory marriage registration, with UP (2017) last on the list. voided any law that invalidates or annuls an unregistered marriage.

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