Code: Section 8 – Hindu Marriage Act, 1955
“Section 8: Registration of Hindu Marriages
(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.”
Explanation of Section 8 – Hindu Marriage Act
Section 8 of the Hindu Marriage Act provides the legal framework for the registration of Hindu marriages. It empowers State Governments to establish rules for the optional or mandatory registration of Hindu marriages and the maintenance of a Hindu Marriage Register.
Registration under this section serves as a formal record that can facilitate proof of marriage in legal proceedings. Importantly, even if a marriage is not registered, its validity under Hindu law remains unaffected.
Key Highlights:
- State Governments can frame rules for maintaining a Hindu Marriage Register.
- Registration may be optional or made compulsory by the State Government.
- Non-registration does not invalidate the marriage.
- The Hindu Marriage Register is admissible as legal evidence.
- Certified copies of marriage entries can be obtained for a fee.
Illustrations
Example 1: Optional Registration
A Hindu couple gets married following traditional rites in Delhi. They opt to register their marriage under the rules framed by the Delhi Government. This registration creates a formal record but is not mandatory under current rules in Delhi.
Example 2: Compulsory Registration
In another State, where the government has made marriage registration compulsory under Section 8(2), a couple who fails to register their marriage may be liable to pay a fine up to twenty-five rupees.
Common Questions and Answers
1. Is registration of Hindu marriage mandatory under the Hindu Marriage Act?
No. Registration is optional unless a State Government specifically mandates it under Section 8(2).
2. What is the purpose of the Hindu Marriage Register?
The Hindu Marriage Register serves as official documentation to facilitate the legal proof of marriage. It can be used in court proceedings and for administrative purposes like applying for visas, bank accounts, and more.
3. Does non-registration affect the validity of a marriage?
No. As per Section 8(5), failure to register a Hindu marriage does not affect its legal validity.
4. Can I obtain a certified copy of my marriage entry?
Yes. Certified extracts from the Hindu Marriage Register can be obtained upon application and payment of the prescribed fee.
5. Who maintains the Hindu Marriage Register?
The Register is maintained by a designated Registrar as per rules laid down by the State Government.
Conclusion
Section 8 of the Hindu Marriage Act, 1955, underscores the importance of documenting Hindu marriages while maintaining that such documentation is not essential for the validity of the marriage. While registration may not always be mandatory, it plays a vital role in facilitating legal proof and protecting the rights of married individuals.
For more guidance on marriage registration laws or to understand your State’s rules under Section 8, visit ApniLaw today.
