Is marriage registration in India is compulsory?

Article 16(2) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) recommended the signatory nations to adopt compulsory registration of marriages, though India in its declaratory statement appraised: ”It is not practical in a vast country like India with its variety of customs, religions, and level of literacy’ and has expressed reservation to this very clause to make registration of marriage compulsory”.

Yes, It is mandatory to register your marriage.

Since 2014, it is mandatory to register your marriage under the Hindu Marriage Act or Special Marriage Act as per govt. of India. You may apply online at the Department of Revenue, Govt. of NCT of Delhi for registration of marriage. In fact, most of the people think that they have to visit court to register however you need to visit the SDM office for registration of marriage.

There are larger stumbling blocks than non-compulsory registration in claiming maintenance. Under section 125 Cr.P.C, for example, the lack of proof of the husband’s income and non-compliance with the maintenance order often leads to stalling of cases. To present registration as a solution to legal hurdles faced by women is nothing but the simplification of grave structural inequalities that exist between men and women in the legal arena.

Registering marriages is a necessary reform and in its absence, women, in particular, can become victims of fraud. There are other better methods to advance the empowerment of women such as a harmonious and expansive interpretation of the term ‘wife’ under the Indian laws. Shifting the evidence of marriage from registration to long-term cohabitation can, in fact, become helpful for a large number of women across the country who cohabit men without officially being married to them. Such women often face difficulty in obtaining legal remedies.

Many states have enacted laws since this case for the registration of marriages, though the procedures adopted in implementation suffer from lacunas that can hamper the cause.

The Commission suggested that the time limit to register marriages should be restricted to 30 days after which a penalty of ₹5 per day could be imposed.

If the birth, marriage or death is not registered within the specified time limit, for one year, it could be done only with the written permission of the prescribed authority and after that, only on an order of a First Class Magistrate, the Commission recommended.

The non-registration of a marriage can be linked to property rights to ensure better compliance.

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