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The registration of marriages in India is not mandatory for natives. Two marriage acts, the Hindu Marriage Act 1955 and the Special Marriage Act 1954, are practiced here. The former Act allows the registration of marriages within the Hindu community, covering Hindus, Buddhists, Jains, and Sikhs.
Legal Obligations under the Hindu Marriage Act 1955
Considering the key provisions, this Act outlines the following legal obligations:
- This Act states all conditions under which a Hindu marriage is considered valid. Simply put, it covers all aspects, including eligibility for marriage, consent, and prohibition degrees of relationships.
- It clearly states the rights and obligations of spouses, which include maintenance, inheritance, and divorce.
- It facilitates the registration of Hindu marriages in India.
Legal Obligations under the Special Marriage Act, 1954
Likewise, the Special Marriage Act, 1954, encompasses all individuals in India who belong to different religions and countries. It clearly states these rights and obligations:
- It specifies the procedure for marriage registration to legalize it.
- It validates the marriage between individuals of different religions and nationalities.
- Spouses have a right to address marital issues like divorce, maintenance, and inheritance.
Additionally, Muslim Personal Law, the Indian Christian Marriage Act 1872, and the Parsi Marriage and Divorce Act 1936 are pervasive in India. All these acts protect marriages and the legal rights of the people in the marriages. Overall, marriage registration in India brings numerous advantages. Let’s provide you with more information in this regard.
The process to apply for marriage registration in India offers numerous legal, social, and financial advantages. Here are some key benefits, supported by relevant statistics:
Legal Recognition and Protection
- Legal Proof of Marriage
Registration provides legal proof, which helps in leveraging various administrative and legal processes. According to a source, registering a marriage is mandatory in India, which helps in winning legal acknowledgment of marital status.
- Protection of Rights
Registration of marriage provides legal protection to both spouses. It means that the spouses in a marriage will be protected if there are any disputes, such as divorce, maintenance, and inheritance. The Protection of Women from Domestic Violence Act, 2005, will be effective when the spouse has a marriage certificate. Simply put, it brings relief in the case of domestic abuse.
- Preventing Child Marriages
According to UNICEF, 27% of Indian girls are still married before turning 19 years of age. This is simply because the majority of people do not register. So, the registration confirms that the spouses are eligible, especially since the minimum age becomes a big factor. It prevents child marriage, which is also an abuse.
- Social Security Benefits
Did you know the Employees’ Provident Fund Organization (EPFO) needs a marriage certificate if one wants to claim family pension benefits? This is possible if the marriage is registered. Likewise, spouses can leverage the benefits of pensions, family health coverage, and other government schemes.
- Insurance Claims and Benefits
A marriage certificate can help in claiming life insurance benefits, health insurance, and other policies to financially secure the lives of spouses.
- Inheritance and Succession
A marriage certificate can introduce convenience in the legal transfer of property and assets. In other words, the spouse can inherit property or assets without any hurdles. The Hindu Succession Act, 1956, and other personal laws help in obtaining them, provided one has a marriage certificate.
- Financial and administrative ease
Banks and financial institutions can also open bank accounts, like joint accounts, provide loans, and invest. The apex court of India, i.e., the Reserve Bank of India (RBI), emphasizes the need the need to submit marriage proof if the spouses want to invest in joint financial ventures and nominee declarations.
- Visa and Immigration
If one wants to emigrate the country and is married, the marriage certificate is mandatory to get visa applications verified. Various countries, like the USA, UK, and Canada, won’t allow entry into their countries without spousal and dependent visas.
- Name change and identity proof
The marriage makes it necessary to change surnames and update identity documents such as the Aadhar Card, PAN Card, and passport. The marriage certificate makes it easy.
- Social acceptance and recognition
A registered marriage formalizes the marriage. People with this document are easily accepted. It legitimizes marriage in society.
- Protecting Women’s Rights
Did you also know that the National Family Health Survey (NFHS) has found that 33% of Indian women face domestic abuse? The marriage registration proof makes it easy to attain legal protection.
- Statistical Data for Policy Making
The registration proof helps the government maintain accurate data on marriages. This data helps in the formation of family welfare and social security policies and programs.
Conclusion
Marriage registration in India can shower a lot of benefits. It provides legal protection, financial security, and social recognition for spouses. There are more benefits that can help in becoming legally able to enjoy leverages.
