Validity of marriage done as per Hindu ceremonies but not registered

660 votes

More than 80% of hindu marriages at unregistered. The couple's are going outside India , settling as NRI's. It's only in some special cases/ countries where the couple's are required to produce registered certificate of their marriage. The marriage under Hindu rites shall always be accepted by law registered or unregistered.

Advocate Vijay Sahni LawRato

594 votes

Section 8 of HMA is the only provision which deals with registration of Hindu Marriages. Advisably it uses the expression facilitating the proof of Hindu Marriage. Advisably because there is no mandate that all marriages are to be registered compulsorily in terms of the Act. Ofcousre time and again Honble Supreme Court have directed that all marriages in India ought to be registered. But that apart the status of such unregistered marriages has not been spelt out the requirements of a valid Hindu Marriage are provided under Section 5. Therefore, its not compulsory to get the marriage registered under Hindu Marriage Act. But almost all foreign countires do not recognize unregistered marriage. So there marriage is even valid outside India if there are no inter se disputes among parties. But if some dispute arises, then parties shall be asked to furnish marriage certificate in order to prove their marriage.

Advocate Deepak Chauhan LawRato

667 votes

Yes, the marriage is valid under indian law. Marriage must be registered as per new guidelines by supreme court but if you do not get it registered then still it is valid under hindu marriage act even if you are living abroad.

Advocate Bigul Nanda LawRato

612 votes

Non-registration of marriage does not effect validity of the marriage. In other words, the marriage between the parties would remain valid even if it is not registered. Though your query does not spell out the context in which it is made, the parties can still get their marriage registered whenever they visit India.

Advocate Gaurave Bhargava LawRato

476 votes

In India, a marriage performed as per Hindu ceremonies is considered valid even if it is not registered. The validity of a Hindu marriage is not affected by the failure to register it. A religious marriage ceremony conducted following Hindu rituals and customs is sufficient to establish the validity of the marriage in the eyes of the law.
Marriage registration is not mandatory under personal marriage laws in India. While registration is advisable for various legal purposes such as obtaining a marriage certificate, it does not invalidate the marriage itself. Unregistered marriages are legally valid if they have been conducted according to the relevant religious customs and rituals.
Therefore, a Hindu marriage is considered valid without registration, and it is not compulsory to register it. However, registering a marriage is recommended as it provides legal evidence of the marriage and facilitates various legal processes.

Advocate Chikirsha Mohanty LawRato