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Validity of marriage done as per Hindu ceremonies but not registered , is hindu marriage valid witho


29-May-2024 (In Family Law)
If two Hindus are married to each other as per Hindu rites and ceremonies of either party i.e. By way of Saptpadi. But their marriage is not registered and without registration both parties went outside India. Is their marriage valid even outside India without being registered as per Hindu law ? if marriage is not registered is it valid in india ?
Answers (4)

Answer #1
534 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.
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Advocate Vijay Sahni

Adv. Vijay Sahni

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Answer #2
945 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.
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Advocate Bigul Nanda

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Answer #3
703 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.
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Advocate Gaurave Bhargava

Adv. Gaurave Bhargava

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Answer #4
529 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.
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Advocate Deepak Chauhan

Adv. Deepak Chauhan

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