Challenges to Face If You Don’t Have a Marriage Certificate

A wedding in India does not necessarily require documentation. The law suggests, but it is not mandatory to register a marriage legally. It is unlike the western and a few Asian countries.

The Hindu Marriage Act, 1955

These days, many newlywed couples are registering their marriages. For formally legalizing their marriage, they follow Section 8 of the Hindu Marriage Act, 1955. This regulation suggests registering a Hindu marriage in the States.

But there is no such provision to mandatorily do it. Though it is a voluntary decision to obtain this certificate. It is helpful for women who do not alter or change their surname after marriage. In case of non-registration, its validity will not be affected according to paragraph 5 of Section 8.

A Hindu marriage is worldwide known for solemnizing through the Saptapadi or Saat Phere ceremony. It’s a ritualistic event taking place between two Hindu individuals, wherein the bride and the groom tie a knot and take seven steps together. These steps are like making seven rounds around a scared fire. Each step accompanies a vow, which is to follow Hindu tradition.

Challenges to Face If the Marriage Remains Unregistered

Many advocates and practicing law specialists clearly convey that the validity of a marriage won’t be affected even if it remains unregistered. The couple would be considered “married.” Many couples apply to register it online. But unregistered events may invite several challenges, especially for women in their married lives. Let’s discover the most common problems associated with it:

1. Difficulty in Countering Lawsuits

A woman without any marriage certificate can be surrounded by multiple problems in filing and countering cases of domestic violence, harassment, marital rape, etc.

2. Lacking Legal Recognition

Having a legal certificate of marriage proves handy when one is likely to claim social security benefits, which can be related to pension schemes, health benefits, and survivor claims.

For example, a spouse can only nominate his or her spouse and children as recipients of a family pension plan under the Employees’ Pension Scheme (EPS). It means that a spouse and children can claim pension benefits, but not the parents. So, having this proof is extremely beneficial.

3. Claiming Property Rights When the Husband Expires

If the husband is no more, marriage registration can simplify the way to claim property rights. Considering the case of inheritance, the in-laws of a woman often raise a question over the validity of marriage so that she can be disowned from the right of inheritance.

4. Separation or Divorce

An unregistered marriage can be difficult to prove its validity during divorce. The Supreme Court has ordered that a marriage can be considered invalid if it was not performed as per customs and also remained unregistered. This order was enforced from May 2024.

So, Hindus must exchange vows through the ceremony called Saptapadi, at least. Besides, registration is optional. Either of the cases will validate a Hindu marriage. Also, the court does not declare it void of any reason at the time of divorce or separation.

Once proven, the married woman can claim the right to maintenance and alimony when the couple is passing through separation. She holds the right to claim even if she did not register it legally. But this won’t be the case when it is to get custody of a child at the time of separation.

5. Visa and Immigration

A certificate of marriage may be asked to be presented for a visa and during immigration. This can happen when spouses intend to reunite with their partners in another country. So here, unregistered cases may face challenges. The process of their visa application or immigration could be hampered.

6. Legal Complexities

Despite several issues mentioned above, some unforeseen issues can also become a problem for unregistered marriages. Sometimes, it leads to crime against women.

Let’s recall an unfortunate case from the tenure of former Delhi Police Joint Commissioner Kiran Bedi. She registered a case against a man who ran away from his wife within a day of marriage. The ritual was conducted in a temple where the victim was left behind. She was struggling to discover his whereabouts.

Despite being well-educated and well-provided, she was in a dilemma of where to find him. If she were left with a marriage certificate, at least the police or even she could have traced him through his permanent address.

Many cases of such legitimate marriages are observed where children have to fight a legal battle to prove their legitimacy. In other words, this kind of situation could have been prevented if the spouse had registered proof of her wedding.

Furthermore, women have a fundamental right to shelter and sustenance, which she can claim from their husband after leaving their father’s house. Overall, this document provides complete protection without proving that she is married.

Conclusion

A married woman can face challenges in providing her marital status and, hence, associated rights to inheritance, shelter, sustenance, and alimony (at the time of separation from her husband). There are multiple challenges associated with unregistered marriage. However, other countries have a regulation to register it for sure.

But in India, the Hindu Marriage Act, 1955, allows to perform a saptapadi ceremony amid near and dear ones to get married. The court will validate it even if it is not registered on papers. But sometimes, the ritual or ceremony won’t take place, and the wedding occurs in a temple. In this case, the registration of marriage can prove saviour because the spouse can claim the right to shelter and sustenance. T

his is something related to such cases wherein the woman is married in a saptapadi ceremony. And those who fail to do so are left with no evidence to prove their marriage. The court may declare such cases as voice marriages.

Eventually, it will victimise women who won’t have legal rights to claim alimony and property from her in-laws when her husband is no more. So, people should think twice before and after the marriage and certainly obtain the proof of their marriages to get rid of legal complexities or mitigation.

Author Profile

Karan Singh: Hi I am Karan a passionate blogger and i live in Delhi. It's almost 5+ years when I started blog writing in 2019. I am the owner of the Dailylist.in. My dedication to delivering reliable information and useful tips has earned him a loyal following among tech enthusiasts seeking reliable insights and recommendations.

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