Benefits of Registering Your Marriage Legally in India
Benefits of Registering Your Marriage Legally in India – In India, around 60% of marriages are not registered legally, and most of them are performed via Religious or traditional rituals that remain unregistered. However, this trend is slowing down, and the importance of registering marriages is increasing rapidly, with people becoming more educated and aware of the social and legal benefits it brings. Registering the marriage not only provides legal recognition to the relationship, but it also gives both parties equal legal rights and validation.
It serves as a strong foundation for securing the future, safeguarding spousal rights, and ensuring protection under Indian law. A marriage can be registered under the Special Marriage Act of 1954 or by the Hindu Marriage Act,1955, hence provided by a marriage certificate, through which a marriage is recognized by law or the Judicial system. Advocate Amit Gupta presents you with an overview of the Benefits of Registering Your Marriage Legally in India.
Various Benefits of Registering Your Marriage Legally in India
A legally registered marriage provides transparency, legal assurance, and mutual understanding. According to the Supreme Court, it is mandatory to register a marriage to protect women’s rights, ensuring equality and a secure future. Registering a marriage isn’t about getting a marriage legalized before the law, but it helps in safeguarding spousal rights to simplifying visa applications, easing legal procedures, access to insurance and inheritance claims. Here’s a detailed insight into the various benefits of registering a marriage legally in India; some of them are mentioned below:
- Legal Recognition and Social Acceptance
It grants legal recognition and serves as official proof of a marriage before the law, and provides social acceptance.
- Eases Legal Processes
In case of divorce, alimony, or any legal disputes, a registered marriage simplifies the procedures and provides clear documentation to avoid delays and confusion.
- Visa Processes and immigration
A registered marriage certificate is a mandatory document while applying for visa applications, passport updates, joint bank accounts, or buying any property under joint ownership.
- Empowering Interfaith and Inter-caste Marriages
It provides protection and legal recognition to inter caste marriages, ensuring inheritance rights, social acceptance, and much more.
- Protecting Women’s Rights
Many women face domestic abuse, and marriage registration plays an important role in securing women’s rights and attaining legal protection.
- Changing name in documents
It’s a necessary document while changing name in the passport, Aadhar card, and PAN card after marriage.
- Inheritance and Child’s custody
Proves rightful claim in inheritance, succession, and child custody in case of legal separation or disputes between the partners.
- For claiming insurance
It allows access to claim spouse’s pension, upon the death of the partner.
- Avoids Legal Complications
Without legal registration, couples may face challenges in establishing their marital rights, especially in matters of custody, succession, and legal disputes.
- Adoption
It may be necessary for couples who wish to adopt a child together.
Process to Follow While Registering Marriage Legally in India
In India, Marriage can be registered legally under the two Marriage Acts: the Special Marriage Act and the Hindu Marriage Act. Here’s an overview of the procedures involved while Registering Your Marriage Legally in India under both legal acts.
The Hindu Marriage Act 1955
- A Hindu marriage is performed as per the customs, following traditional and religious rituals.
- Apply at the Sub-Divisional Magistrate (SDM) office in the area where either spouse has resided for at least 30 days.
- Submit the Application Form, and an appointment will be given for physical verification and signature.
- Both parties and two witnesses must be present on the appointed day.
- The marriage certificate is issued the same day or within a few days.
The Special Marriage Act 1954
- File a notice at the SDM office in the district where at least one party has resided for more than 30 days.
- A notice is displayed at the SDM office, and objections can be raised . If no objection is raised, the marriage can be solemnized after 30 days.
- Marriage is solemnized in the presence of a Marriage officer and three witnesses. Both parties and witnesses sign the marriage declaration.
- At last Marriage Certificate was issued as evidence of the marriage.
Documents Required for Registering Marriage Legally (For both acts)
- Application form
- Proof of age
- Address proof
- Photographs (passport-size, individual, and of the marriage)
- Affidavit of marital status
- Witnesses’ ID proof (Aadhar, PAN, etc.)
- For the Special Marriage Act, proof of 30 days’ residence in the concerned district is required.
Conclusion
Marriage in India is considered a sacred union; it holds a deep significance, symbolic value, and affirms the commitment between two individuals. It is the most authentic proof of the marriage. Registering a marriage not only provides legal recognition to the relationship but also is considered essential for various purposes such as changing name in documents, in events like divorce, Alimony, Judicial separation, Custody of Children, while adoption, and the list goes on. It is necessary and beneficial to Register Your Marriage Legally in India.
Frequently Asked Questions(FAQ’s)
1. What legal benefits do I get from a registered marriage?
A registered marriage helps with visa applications, inheritance rights, property matters, and claiming spousal benefits like insurance or pension.
2. Can a registered marriage help in case of disputes or divorce?
Yes. A registered marriage acts as solid legal proof and is crucial in court matters like divorce, maintenance, or child custody.
3. How does Advocate Amit Gupta help in marriage registration?
He offers step-by-step legal support from document verification and affidavit drafting to court appearances and getting your certificate, ensuring the process is stress-free and legally sound.
4. Is it compulsory to register a marriage in India?
While it’s not yet mandatory for all, it’s strongly advised. A registered marriage offers legal security and avoids complications in the future.
