INTRODUCTION

In India, the most divine ceremony is marriage. It is a sacred institution in Indian culture. It is a sacred bond between two people, by which they vow to spend the rest of their lives together. There are numerous marriage registration laws in India. Bearing in mind that it would be problematic if laws and policies were found to interfere with customary religions, given the diversity of cultures in India, it is important in this regard to take appropriate measures for the registration and celebration of marriages. Procedures are becoming difficult to establish. likely to encounter public outcry. 

BLENDING DIFFERENT CULTURES:

In the present time, there are two statutes or laws which govern and manage the issues regarding the registration of marriage:

1. Hindu Marriage Act 1955

2. Special Marriage Act 1954

When both husband and wife are Hindu, Buddhist, Jain or Sikh or have converted to one of these religions then it is regulated by Hindu Marriage Act. Note that Hindu marriage law only relates to the registration of marriages that have already been solemnly completed. However, the Special Marriage Act synchronizes both the ceremony and registration of marriages where either the husband or wife, or both, are not Sikh, Jain or Hindu. Marriage registration is not compulsory in India. Registration laws are left to state discretion, and sometimes this proves to be beneficial, and sometimes registration doesn't play a big role in a marriage.

There have been several court rulings regarding registration in India, with Section 8 of the said Act specifically dealing with the registration of Hindu marriages. Registration takes place only after the formal wedding ceremony under Section 7.

A solemn wedding ceremony takes place after the parties, both men and women, have performed all the usual ceremonies and ceremonies according to the law. The minimum age for legal marriage in India is 18 for women and 21 for men. The registration procedure is for both men and women of the above age and above. 

IS IT COMPULSORY TO FILE A MARRIAGE REGISTRATION IN INDIA?

There is no denying the fact that India is a diverse country with multiple religions and groups. When it comes to personal law, each group has its own rules and regulations. The drafters of the Indian constitution considered it inappropriate to discuss the issue of marriage when drafting the constitution as it involves sensitive issues.

Before explaining the registration, procedures and required documents, it is important to understand the original meaning of registration. Although Sect. 8 of the said Act, specifically deals with the elements of registration as mentioned above, it should be noted that this section is not binding on the parties to the marriage.   

Subsections of Section 8 are discussed as:

Section 8(1) states that state governments have the power to make regulations and that the parties involved in the marriage have made the regulations by the conditions laid down in the Hindu Marriage Register. Along with the marriage, documents should also be provided to the parties for future reference. Therefore, it serves as proof of Hindu marriage.

Section 8(2) refers to the State Government's responsibility to ensure and ensure that the parties involved in the marriage comply with the rules outlined in Section 1 of the Act, in which case they will be fined 25 rupees. Litigation between the parties arises for violations on the part of the parties. 

Section 8(3) states that regulation under Section 1 is at the discretion of the States and shall come into force when the Legislature enacts such legislation.

Section 8(4) states the obligation of Hindu Marriage Registers to conduct marriage investigations to obtain sufficient evidence and proof of the legality of the marriage.

Section 8(5) explains that if Hindu marriage registration is not done as part of the course, the validity of the section above will not be affected. 

The registration process includes the following and requires the parties to follow up with specific requirements to be negotiated.

●      The application for registration must be initiated by both parties and submitted to the district judge. Under this act, the parties must wait 15 days for her to commit, but under the Special Marriage Act 1954 she can extend up to 30 days.

●      As evidence, both parties must present a birth certificate, passport, or registration certificate.

●      Both parties must be major as per the rules of marriage.

●      Both must submit a passport photo.

●      If a party is to register under the Special Marriages Act 1954, documentation proving the party's place of residence is required. 

In the case of MargaritPalai v. Savita Palai, it was held that only marriages between Hindus were registered. Marriages between Hindus and Christians cannot be registered. In another case, Kagavari v. Saroja, the Madras High Court ruled that marriage registration should be made compulsory. 

LEGISLATIVE INITIATIVE

The central government introduced the Compulsory Marriage Registration Law in 2005 to raise public awareness of social structure. However, while the bill was welcomed by the Attorney General of India and other communities, it was opposed by many educated lawmakers, communities and groups.

The Birth and Death Registration Act of 2012 (Amendment) was passed to celebrate marriages to relieve women facing alimony lawsuits. However, the debate ended with the conclusion that it would be difficult to introduce mandatory registration unless the central government enacts legislation. 

CONCLUSION

In India, it is mostly seen that the number of registration of marriages is not enough. When someone needs it as proof of their marriage only then do people get it done. From this, we can conclude that marriages and registrations are regulated by various laws and statutes in India. However, the law must respond to changes in society so that it can adapt to the status quo. Mandatory marriage registration should not be a solution to social problems. Laws should be enacted by the provisions of the Constitution. Laws must speak of equality. Article 14 Laws must be non-discriminatory. The immediate question “Is India ready to introduce compulsory registration law in India?” remains negative and gender equality is still a long way off.