Editorial

Source: The Indian Express

Introduction

Recently, the bench of Supreme Court held that a mere issuance of a certificate by an entity in the absence of the requisite ceremonies being performed does not constitute a valid Hindu marriage.

• The Supreme Court gave this observation in the case Dolly Rani v. Manish Kumar Chanchal.
• The Court highlighted the necessity of registration and solemnization of a marriage.

What was the Background of Dolly Rani v. Manish Kumar Chanchal?

• The couple married on 07^th March 2021 and claimed to have solemnized their marriage on 07^th July 2021 obtained a "marriage certificate" but marriage ceremony as per Hindu rites and customs was scheduled for 25^th October 2022, but it did not take place.
• The respondent approached the Court by filing a petition for divorce then the Court declared that their marriage dated 07^th July 2021 was not valid in the eyes of the law, and consequently, the marriage certificates issued were null and void.
• The parties admitted that no marriage was solemnized as per customs, rites, and rituals, and they obtained the certificates due to exigencies and pressures.

What is Solemnization of Marriage?

• In India, solemnizing a marriage refers to conducting an official ceremony with the appropriate rituals.
• The country's marriage laws are diverse, encompassing personal laws specific to various religions, alongside the Special Marriage Act, 1954 (SMA).
  • Kanyadaan and saptapadi (seven vows) solemnize a Hindu marriage.
  • For Christians, a ceremony conducted in a church, based on local customs, is recognized as a valid marriage.
  • Under Muslim law, a valid marriage necessitates the consent of both parties, giving vocal consent, and signing a nikahnama
  • The SMA offers a secular alternative, enabling individuals of different faiths or those opting out of religious traditions to marry through a civil procedure.

What is a Valid Marriage?

Hindu Marriage Act 1955:

• Essential Conditions for the Valid Marriage - According to the Section 5 of the Hindu Marriage Act, 1955 (HMA)-
  • Neither party has a spouse living at the time of the marriage.
  • At the time of marriage, neither party:
    • Is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
    • Though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children; or
    • Has been subject to recurrent attacks on insanity.
  • The bridegroom has completed the age of 21 years and the bride, the age of 18 years at the time of the marriage.
  • The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
  • The parties are not sapinda of each other, unless the custom or usage governing each of them permits of a marriage between the two.
• Ceremonies for a Hindu Marriage – Section 7 of HMA
  • The marriage renders to be valid if it is performed between a Hindu couple according to the customary ceremony and rituals of each party or any one of them as mentioned by Section 7 of HMA.
  • A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
  • Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
    • Customary Ceremony and Rituals means the marriage may be solemnized as per the community's customs. For instance, a community may provide for a mere exchange of garlands, while another may require a more elaborate yajna ritual. The Act takes into account these differences.

The Indian Christian Marriage Act, 1872:

• Sections 4 to 9 of this Act specify conditions necessary for a marriage to be considered valid.
  • Both parties must be Christians as defined in Section 3, or at least one of them must be a Christian.
• The marriage ceremony must be conducted according to the provisions outlined in Section 5 of the Act, by an authorized individual.
• State Governments are empowered to issue and withdraw licenses for specific individuals to solemnize marriages under this Act.

Muslim Marriage:

• Essentials of a Valid Muslim Nikah are:
  • Parties must have the capacity to marry.
  • Proposal (ijab) and acceptance (Qabool).
  • Free consent of both the parties.
  • A consideration (Mehr).
  • No legal Impediment.
  • Witnesses (Sunni - The proposal and acceptance must be made in presence of two males or one male and two female witnesses who are sane, adult and Muslim; Shia - Witnesses are not necessary at the time of marriage.)

The Special Marriage Act ,1954:

• Marriage performed under SMA law is essentially a solemnization in court (a registrar’s office) without any rituals.

What are the Provisions Regarding Registration of Marriage?

Hindu Law:

• Section 8(1) of HMA enables the State Governments to make rules for the purpose of registration of marriage.
• Section 8(2) mentions that regardless of what is stated in sub-section (1), the State Government can, if it deems necessary or appropriate, mandate the submission of the details mentioned in sub-section (1) within the entire state or specific regions, either universally or for specific cases.
• In instances where such directives are issued, anyone who violates any such regulation established in this regard may face a fine of up to twenty-five rupees.

Muslim Law:

• Registration of marriage in Muslims is compulsory and mandatory, as a Muslim marriage is treated as a civil contract.
• Every marriage contracted between Muslims after the commencement of this Act, shall be registered as hereinafter provided, within thirty days from the conclusion of the Nikah Ceremony.
• Nikah Nama is a type of legal document in Muslim marriages which contains the essential conditions/details of the marriage.

Christan Law:

• Sections 27-37 form Part IV of the Indian Christian Marriage Act, 1872, specifically addressing the registration process for marriages conducted under this Act among Indian Christians.
  • Marriages must adhere to the prescribed regulations, and they are typically officiated by clergymen affiliated with the Church of England.

What is the Consequence of Non- Registration of Marriage?

• The consequences of non-registration of marriage in India can vary depending on the context and legal requirements. Here are some general implications:
  • Legal Recognition: While registration of marriage is not mandatory for its validity in most cases, it serves as conclusive evidence of the marriage having taken place. Without a registered marriage certificate, proving the existence of the marriage may be challenging, especially in legal proceedings.
  • Rights and Benefits: A registered marriage certificate is often required for availing various rights and benefits provided by the government, such as inheritance rights, spousal benefits, and social security schemes. Non-registration may therefore result in the denial of these entitlements.
  • Legal Proceedings: In case of disputes related to marital status, property rights, or divorce, a registered marriage certificate can simplify legal proceedings by providing clear documentation of the marriage. Non-registration may complicate such matters and prolong legal processes.
  • Visa and Immigration: In certain cases, a registered marriage certificate may be required for visa applications and immigration purposes, especially for spouses intending to join their partners in another country. Non-registration could therefore hinder such processes.

What are the Landmark Cases for Registration of Marriage?

• Seema v. Ashwani Kumar (2007):
  • In this case, the Supreme Court noted that under the Hindu Marriage Act, 1955, registration of marriages is left to the discretion of the parties, they can either solemnize the marriage before the Sub-Registrar or register it after performing the marriage ceremony according to customary beliefs.
• Abdul Kadir v. Salima and Anr.(1886):
  • Justice Mahmood observed the nature of Muslim marriage as purely a civil contract rather than a sacrament.

Conclusion

In conclusion, both registering and solemnizing marriages are essential under the appropriate legal and religious frameworks. In a recent judgment, the Supreme court has highlighted the significance of adhering to customs and rituals to ensure the validity of a marriage in the eyes of the law. The necessity for couples to ensure compliance with prescribed rituals and procedures to validate their marital status under the law.