The Supreme Court ruled last week that a Hindu couple before a court “does not acquire the status of husband and wife” despite having an official marriage certificate.
Reason: The couple’s marriage was registered under the Hindu Marriage Act, 1955 (HMA) before they performed the marriage ceremony. The SC ruled that couples who filed divorce cases were not required to obtain divorce as they were not married in the first place.
The Supreme Court’s observations in the judgment focus on various issues relating to registration and confirmation of marriage and its necessity.
What is arranged marriage?
Affirmation of a marriage refers to a formal marriage ceremony with appropriate ceremonies.
Marriage in India is largely governed by personal laws and the Special Marriage Act, 1954 (SMA).
Although codified by law, these individual laws are essentially practices dictated by religion, each religion having its own ‘requirements’ for a marriage to be ‘valid’ when these requirements are met.
For example, for Hindus (and Christians), marriage is a ritual, meaning it is a religious bond.
Rituals like Kanyadan, Panigrahanam and Saptapati or other local customs conduct a Hindu wedding. Section 7 of the HMA codifies these requirements, and names Saptapati as an essential ritual.
For Christians, a ceremony in a church based on local customs is considered a valid marriage. For example, for some Tamil Christians, this involves tying a thali chain with a cross to a pendant in the church.
However, under Muslim law, marriage is essentially a contractual obligation. A valid marriage requires the consent of both parties, in writing and in the presence of witnesses.
In practice, this involves both parties giving vocal consent and signing the Nikahnama (Islamic Marriage Contract) in the presence of witnesses and the Qazi.
What is registered marriage?
Registration of a marriage after solemnization is different from registered marriage.
Commonly used terms such as ‘court marriage’ or ‘registered marriage’ refer to a non-religious or civil marriage under SMA, secular law. A marriage ‘celebrated’ under this Act takes place in a ‘court’ (a registrar’s office) without any ceremony.
However, marriages under private laws (such as HMA) are ‘valid’ only after the performance of religiously prescribed rituals. Marriage without any ceremony is valid only under SMA.
Section 8 of the Hindu Marriage Act (HMA) empowers the State to register arranged marriages in accordance with the requirements of Section 7.
Similarly, the Indian Christian Marriage Act 1872 provides for Christian marriages and procedures for their registration.
For Muslims, a Nikahnama issued by a qazi outlines the terms of marriage. Although there is no public registration under an Act, this form of registration is widely accepted.
Separately, several states, including Assam and Jammu & Kashmir, have their own laws for registering Muslim marriages and divorces, although their application is limited.
What if the marriage is not registered?
Entry 5 of the Concurrent List in the Seventh Schedule to the Constitution deals with marriage and divorce, and Entry 30 deals with vital statistics, including registration of births and deaths.
Both these subjects deal with the registration of marriages jointly or severally.
When contesting the validity of a marriage, a marriage certificate alone is not sufficient to prove the marriage.
An exception to this is a certificate under the SMA, which is conclusive evidence of marriage. Section 13(2) of the SMA states that a certificate entered by a marriage officer in the marriage certificate book shall be deemed conclusive evidence that a marriage has been solemnized under this Act. Signatures of witnesses followed
Even in Muslim and Christian marriages, registration is done immediately with witnesses, making it more reliable as evidence.
It is unlike a Hindu marriage where the priest performing the ceremony does not usually certify the marriage.
However, in law, there is a general presumption of marriage if a man and a woman continue to live together, even if there is no direct evidence of marriage.
A ritually valid marriage may be important in determining who is the rightful spouse when there are claims by multiple cohabiting partners.
These features are important in Bighamy’s tests of inheritance cases. To avoid being charged with double marriage, a man must prove that one of his marriages was invalid.
In an inheritance case, the validity of the marriage is questioned to exclude a spouse. Evidence of solemnizing a valid marriage as per rituals is photographs, witnesses etc.
Also, proof of long-term cohabitation as spouses by acceptance of family, friends or even children is proof of valid marriage. In these cases the marriage certificate has corroborative value but cannot be counted as evidence in itself.
Although there is a central law in this regard – the Registration of Births, Deaths and Marriages Act, 1886, marriage does not have as strong an application as attempts to register births and deaths.
States have their own laws and in some states like Karnataka and Delhi, registration of marriage is mandatory.
A certificate of marriage registration is useful for various official purposes.
For example, applying for spousal or joint health insurance. However, non-registration of a marriage cannot be the sole ground for declaration of nullity, as registration of a marriage itself is not valid and therefore non-registration also invalidates it.
