Married women without a marriage certificate may face these problems

Nowadays, most newlywed couples obtain marriage certificates although registration to marry is voluntary. However, not many women are aware of the problems they may face without a marriage certificate. TO marriage certificate This is especially important for a woman who does not change her last name after marriage.

Advocate Neelam Singh, practicing in Lucknow in the Allahabad High Court, says: “Section 8 of the Hindu Marriage Law1955, provides for the registration of Hindu marriage in the States. However, not all states have rules requiring mandatory registration of marriages solemnized in them.”

Paragraph 5 of Article 8 states that the validity of the marriage shall not be affected by the lack of registration of the marriage. Therefore, the validity of a Hindu marriage largely depends on the Saptapadi ceremony. A marriage is considered valid if it is performed between two Hindu people in accordance with the usual ceremony and rituals of either party.

Also read: When a Hindu marriage is no longer valid

Advocate Anshuman Singh, practicing at the Patna High Court, says, “The validity of a marriage is not affected if the marriage is not registered. However, non-registration of marriage It leads to various problems that can affect a woman in her married life. One of the problems that women may face due to non-registration of marriage is that the lack of a marriage certificate can make it difficult to file and fight cases of domestic violence, harassment, marital rape, etc.”

Lack of legal recognition: Marriage registration It is conclusive proof of marriage. Anshuman Singh says, “It comes in handy when claiming social security benefits like pension benefits, health benefits and survivor claims.” Pension Plan (EPS), a married EPF The member can only designate his or her spouse and children to receive a family pension and not his or her parents. Therefore, having a marriage certificate helps a woman claim EPS pension benefits if her husband was an EPS member.Claiming property rights after the death of the husband: Marriage registration allows a woman to claim property rights in the event of her husband’s death. Anshuman Singh says, “In inheritance cases, a woman’s in-laws often question the validity of a marriage to disinherit her spouse.”

In case of separation or divorce: An unregistered marriage can cause problems during divorce. The Supreme Court order of May 2024 declared a marriage invalid because customs was not carried out and the marriage was not registered.

Anshuman Singh says, “Registration of a Hindu marriage (between two Hindus) is completely optional. A Hindu marriage is considered valid if the ceremonies, including Saptapadi, are performed. Registration of marriage adds legal validity to a Hindu marriage. This helps ensure that the court does not declare the marriage void, for any reason, at the time of separation or divorce. Additionally, having a marriage certificate helps protect a woman’s right to child support and alimony in the court. moment of separation because it proves marriage. The existence/validity of the marriage becomes easy. However, the registration of the marriage does not affect the decision on who gets custody of the child at the time of separation.

Visa and Immigration: A marriage registration certificate may be required for visa applications and immigration purposes, especially for spouses who wish to join their partners in another country. Therefore, lack of registration could hinder such processes.

Legal problems that non-registration can generate

Apart from the problems mentioned above, there are other problems that women may face due to non-registration of marriage. Neelam Singh says, “Not making marriage registration mandatory is a legal loophole that attracts crimes against women. For example, former deputy commissioner of Delhi Police, Kiran Bedi, during his tenure, registered a case against a man who she eloped a day after the marriage was celebrated in a temple, where the victim could not locate her whereabouts despite being educated and well provided for. In this case, the marriage registration could have left her at least the permanent address of her husband. fugitive”.

Neelam Singh further adds, “There have been cases where legitimate children born of such marriages have had to fight court battles simply to prove their legitimacy, a situation that could have been saved by registering the marriage. Furthermore, the fundamental right of woman to a shelter and her husband’s livelihood after leaving his father’s house due to marriage is given complete protection due to the registration of the marriage without the burden of proof falling on the woman.