Section 8 – Hindu Marriage Act – Registration Of Hindu Marriages.

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Hindu Marriage Act Section 8: Registration of Hindu Marriages

Code

The Hindu Marriage Act, 1955, Section 8:

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

Also Read  Section 9 - Hindu Marriage Act - Restitution Of Conjugal Right.

Explanation

Section 8 of the Hindu Marriage Act deals with the registration of Hindu marriages. It empowers the State Government to make rules for registration, making it easier to prove the marriage in the future. Here’s a breakdown:

  • Subsection (1): This subsection allows the State Government to create a system for registering Hindu marriages. The details of the marriage, like the names of the parties, date of marriage, and place of marriage, can be recorded in a ‘Hindu Marriage Register’.
  • Subsection (2): This subsection gives the State Government the authority to make registration compulsory in specific areas or situations. If registration is made mandatory, failure to comply can result in a fine.
  • Subsection (3): Any rules made under Section 8 must be presented to the State Legislature for review.
  • Subsection (4): The Hindu Marriage Register is accessible for inspection and can be used as evidence in court. Certified copies of entries can be obtained by paying a fee.
  • Subsection (5): Crucially, this subsection clarifies that the validity of a Hindu marriage is not dependent on registration. Even if a marriage is not registered, it is still legally valid.

Illustration

Imagine two individuals, Raj and Simran, get married under the Hindu Marriage Act in the state of Maharashtra. Maharashtra has a rule making registration of Hindu marriages mandatory. Raj and Simran, after their marriage, register their marriage details at the designated office, receiving a certificate of registration. Later, if they require proof of their marriage (for example, for property ownership or immigration purposes), they can present this certificate as official evidence.

Common Questions and Answers

Q: Is registration of a Hindu marriage compulsory?
A: It depends on the specific rules of the State where the marriage takes place. Some states have made registration mandatory, while others allow for optional registration.

Also Read  Section 13A - Hindu Marriage Act - Alternate Relief In Divorce Proceedings.

Q: Does the absence of registration invalidate a Hindu marriage?
A: No, a Hindu marriage is valid even if it is not registered. Registration is meant for easier proof, not for validating the marriage itself.

Q: Where can I find information on the rules for registration in my state?
A: You can contact the relevant government department in your state for specific details on registration rules.

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