Registration of Marriages in India: Legal Perspective
Journal Title: IMPACT : International Journal of Research in Humanities, Arts and Literature ( IMPACT : IJRHAL ) - Year 2018, Vol 6, Issue 5
Abstract
Marriage and Divorce in India are governed by the personal law applicable to a party. The personal law is usually determined by the religious community one belongs to. Since India is a land of diverse religious communities, the personal laws are also multiple. The personal laws generally provide for solemnization of a marriage by performing some religious ceremony. The only secular law regarding marriages is the Special Marriage Act 1954 which provides for a civil marriage and a procedure for its registration. Registration of marriage is not made compulsory in India by any Central Statute.It has been left to the State Governments to enact rules providing for compulsory registration of marriages The Hindu Marriage Act 1955 also provides for registration of marriages solemnized under the Act, but the same is not compulsory under the Act. Moreover the non-registration of marriage does not affect the validity of such marriages. Lately, the hazards of non-registration have been emphasized at various forums. The most important consequence has been the inability of many wives to prove a valid marriage in maintenance suits and thus being unable to establish their identity as a legally wedded wife. The importance of proving the validity of marriages in bigamy cases too cannot be undermined. Another ill effect has been the rise in the fraudulent NRI marriages affecting the rights of many young brides. The child marriages are also rampant as registration is not compulsory in many states.
Authors and Affiliations
Karan Jawanda
Keywords
Related Articles
- EP ID EP307513
- DOI -
- Views 111
- Downloads 0
AN ACCOUNT OF ECONOMIC LIFE OF GANJHUS OF JHARKHAND: AN IGNOMINY FOR THE RICH JHARKHAND AND THE GREAT INDIA
This article is proposed to bring to focus the economic or materialistic life of the Ganjhus belonging to the dalit community of Jharkhand. Material deprivation coupled with social exclusion, caste oppression and lack of...
THE MANIFESTATION OF THE CODE HERO IN THE OLD MAN AND THE SEA
The thesis aims at a brief analysis of the manifestation of the code hero in The Old Man and the Sea which is one of Ernest Hemingway’s most prominent works. It will firstly research on the background information of Hemi...
A STUDY OF HEALTH CARE SERVICES IN HILLY AREA- WITH SPECIAL REFERNCE TO TAMENGLONG DISTRICT, MANIPUR
In India, after the recommendation of the Bhore Committee Report 1946, a formal set up of health centres have taken place with the aim to provide preventive, curative, accessible and universal healthcare. After a long s...
CHALLENGES AND PROSPECTS OF LEADERSHIP DEVELOPMENT OF LGUs IN TAWITAWI: TOWARDS A SUSTAINABLE SOCIO- ECONOMIC AND POLITICAL AGENDA
This is a descriptive quantitative correlational research design with eighty (80) local government executives such as municipal councilors, mayors and vice mayors from eight (8) island municipalities as the participants...
ORIGIN AND BACKGROUND OF LAND MOVEMENT IN COLONIAL AND POST 1947 JALPAIGURI DISTRICT
Land movement has a rather long history, and there is always a just cause for Indian peasants, laboring under difficult conditions– uncertain weather, the mendacity of moneylenders, oppressive taxation or revenue assessm...