NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN

LAW

RANCHI

“COMPULSORY REGISTRATION OF MARRIAGE”

SUBMITTED TO: SUBMITTED BY:

Dr.SangitaLaha Ram Kumar Yadav

Roll No: 951

Associate Professor-cum-Dean

Family law Semester 3RD

Section- B
 Introduction

Several institutions existed in Indian society which can be traced from the historical study of
ancient legal ideas. These institutions have developed from time immemorial and are not
result of a single day. Each institution has its own history which contains its origin and
transformation to adapt with passage of time. Every institution has a desired role in the
society which may change from time to time but if the institution is not capable to cope up
with the changes of society then it must be replaced.

One of such institution is the institution of Marriage. The Marriage is the most widely
recognized all inclusive and decent institution everywhere throughout the world. No other
social institution has been observed to be more persisting than the institution of marriage. The
Institution of marriage is as old as the beginning of human advancement. Marriage offers
ascend to various occurrences. It gives the lawful status of a couple to the gatherings to the
marriage. It offers authenticity to the offspring of marriage. The gatherings get the privilege
of 'cohabitation' and 'Consortium'. The sex is legalized. A number of mutual rights and
obligations emerge. In this way, the institution of marriage has its very own significance in
each general public. In any case, as other social ideas, the nature and other related parts of
marriage are diverse under various individual laws and have been continued changing with
the adjustments in the society. The subsistence of the social unit of “family” is the general
aim of marriage and it is the fundamental of every society irrespective of what customs
govern it. Like marriage in Hindus is religious sacramental while in Muslims it is just a
contract.

Since independence, various initiatives have been taken to address the issue of gender
disparity. Reform initiatives taken so far have prevailing to a substantial degree, be that as it
may, child marriages, bigamous marriage and gender brutality keep on going in our society,
regardless of enactments barring and punishing such practices. A lot disputes are pending in
the courts with respect to marital status of the parties. Females are frequently precluded the
status from claiming spouse because of lack of record demonstrating a legitimate marriage.
The courts have on numerous occasions have favoured on making registration of marriage
mandatory, to avoid disavowal of status to females and to offspring conceived from such
marriages1. Occurrences of marriage fraud are the most seen in today's era. Without
mandatory registration, ladies are tricked into wedding without execution of the conditions of
a legitimate marriage. This denies wife of societal acknowledgment and legal security. Such
fraudulent marriages are particularly on hype among non-residential Indians. Compulsorily
registration can fill in as a way to guarantee that substantial requisite of marriage has been
performed.In 2006, the Supreme Court in Seema v. Ashwani Kumar and ors.2observed that
marriages of all people who are natives of India professing different religions ought to be
enrolled necessarily in their individual States, where the marriage is solemnized. Further, as
and when the Central Government enacts a comprehensive statute, the equivalent will be used
for scrutiny by the Court for investigation. The judgment additionally referred to the Bill
made by the National Commission of Women.

In 2007 the Committee on Empowerment of Women, depending upon the NCW's Bill seen
that regardless of religion, registration of marriages ought to be made compulsory. The report
shed light on the predicament of Indian females whose spouses, in various cases declined to
recognize their marriage before getting a second marriage or leaving their previous wives
and rejecting them maintenance, and so forth. The Committee, in this manner, wanted that the
Government will make registration of all marriages obligatory, making this less complex,
reasonable and available.

Statement of Problem OR Research Problem

The paper address followings issues which are relevant in the society due to non-registration
of marriage

(a) Prevention of child marriages and to ensure minimum age of marriage.

(b) Prevention of marriages without the consent of the parties.
(c) Check bigamy/polygamy.
(d) Enabling married women to claim their right to live in the matrimonial house,
maintenance, etc.
(e) Enabling widows to claim their inheritance rights, other benefits and privileges which
they are entitled to after the death of their husband.
(f) Deterring men from deserting women after marriage.

1
Kanagavalliv. Saroja, AIR 2002 Mad 73.
2
2006 (2) SCC 578.
(g) Deterring parents/guardians from indulging in trafficking of women to any person
including a foreigner, under the garb of marriage.

Yet it has an extraordinary evidentiary incentive in the issues of authority of youngsters, right
of kids conceived from the wedlock of the two people whose marriage is enrolled and the
period of gatherings to the marriage. That being in this way, it would be in light of a
legitimate concern for the general public if registration of marriages is made obligatorily.A
ultimate object is to give an instrument to 'necessary registration of marriages' which is being
proposed for all natives of India independent of the religion or standing of the gatherings,
way, time or place of solemnisation of the marriage or custom/establishment under which
marriage is solemnized or individual laws of the gatherings.

Such issues and rights will get legal backing and pave path for compulsory registration of
marriage which will gradually bring to justice to members of society especially to women and
children arising of second marriage in a women was duped.

Research Objective

. To Study, Examine and understand about the Compulsory Registration of Marriage.

.To examine about legal validity of Marriage.

.To Check Bigamy/ Polygamy.

. To Understand about Prevention of child marriages and to ensure minimum age of marriage.

Research Hypothesis

1) Compulsory registration of Marriage prevent child marriages and ensure minimum age of
marriage.

2) Compulsory registration of Marriage prevent polygamy, unless the same is permitted

under any law or custom.

3) Compulsory Registration of Marriage ensure that prior wives get notice of intended
marriage.

4) Compulsory Registration of Marriage enable the married women including the women
married to NRI/ foreigners to claim her right to shelter and maintenance.
5) Compulsory Registration of Marriage prevent the practice where men desert women
 after performing the marriage including act as a deterrent to the practice of selling
daughters to any person including a foreigner, under the garb of marriage.

Research Methodology
Since the problem being a socio-legal one, the method of the research is chosen in such a
manner that would bring out the holistic view of the issue. The method used is termed as
traditional methodology or doctrinaire approach, and has been applied with appropriate
modifications to include and assimilate the data derived from diverse sources.

Review of Literature

Non registration of marriage affects women the most. Women most prominently victims of
bigamous relationships and property disputes face enormous hardship in establishing their
marriage as they have no proof of marriage. It has been seen in a number of cases of bigamy
that the wives are losing their cases by reason of their failure to prove the first or second
marriage of their husbands.

Marriage qualifies as a life cycle transition that is both normative and anticipated, has the
potential to be highly stressful (Boss, 1988). According to McGoldrick (1989), becoming a
couple is one of the most complex and difficult transitions of the family life cycle even
though it is often perceived as the least complicated and most joyous

Larson (1988; 1992) and Larson and Holman (1994) suggested that a person’s beliefs about
marriage and how marital satisfaction was achieved might significantly affect one’s
expectations and readiness for marriage.

Karney et al. (1994) found that negative spousal affectivity contributed to the negative
attributions one makes about self, spouse, and marital relationship.

Huston &Geis, 1993; Otto, 1979; Stinnett, 1969; Thoits, 1992) . Social mores perpetuate the
traditionalist myth that in marriage men should be in a superior, hierarchical position (Carter
&Mc Goldrick, 1989; Schwartz, 1994). Bielby and Bielby (1989) stated that women were
more concerned with family and marital roles than with their work or occupational roles,
whereas men placed greater importance on work roles than on family and marriage roles.
However, traditional assumptions about marital and social responsibilities often do not reflect
marital and social reality thereby creating disagreements over the establishment of spousal
roles within the marriage (Bader & Sinclair, 1983; Huston &Geis; Schwartz).

Ganong, Coleman, and Brown (1981) and Salts, Seismore, Lindholm, and Smith (1994)
asserted that females held more favorable attitudes toward marriage and are more egalitarian
in their marital role expectations than males.

Grover, Russell, Schumm, and Paff-Bergen (1985) proposed that those individuals who had a
number of successful friendships, participated in a variety of social activities, and who were
members of social organizations were better able to establish successful marriages than were
those individuals who were more socially isolated.

CHAPTER SCHEME

The research has been conducted under the following heads:

Chapter I Introduction
This Chapter enunciates the problem for study in the view towards legal and societal aspects
of compulsory registration of marriage.
Chapter II Global perspective on registration of marriage

This chapter deals with prevalent towards views on compulsory registration of marriage in
different countries.

Chapter III Marriage Registration: Indian Legislative Framework

This Chapter talks about prevalent statutes which govern registration of marriage.

Chapter IV Judicial Pronouncements

It enunciates the view of judiciary on compulsory registration of marriage in different
countries.
Chapter V Need for a Central Legislation to Regulate Compulsory Registration of
Marriages
This Chapter deals with need of compulsory registration of marriage.
Chapter VI Conclusions and Recommendations
it sums up the idea which this paper conveys and recommends the same.