Registration of marriage? not many really care

It may have been made in heaven but Sanjay Dutt's much hyped wedlock with Manayata was 'unmade' in Goa with the authorities withdrawing the registration.
Although the celebrity marriage kicked up a storm in the media and led to an action by the Goa government against an official, experts say non-registration does not nullify and infact, not many in the country really bother to go to the marriage registar's office.
"It cannot be said that due to non-registration, a marriage is invalid. Registration of a marriage is only a formality just like registration of a child's birth or of a death, on the part of government to keep track of the numbers. Otherwise in India, lakhs of marriages take place in a year as per customary rites and rituals and the government has no data regarding such marriages," says a senior Supreme Court lawyer Ajay Gupta.
Despite a Supreme Court ruling that mandates each and every marriage to be registered, lawyers claim that there is only a very small proportion of the population that actually gets it done.
"Generally people who marry against the wishes of their parents or want to go to foreign countries apply for registration. In a nutshell, we could say that not more than 5 out of 100 come for registration," says Gupta.
Parija P, a lawyer who specialises in divorce and related cases says, "It is wrong to say that it is mandatory for a couple to get a marriage certificate to get married. Marriage is one aspect and registration of a marriage is another aspect. It could never be said that due to non-registration, a marriage is invalid."
There also is a stark difference between rural and urban areas as also between states. The onus lies upon a particular state to ensure the law is enforced.
"It is not considered a major offence if one does not register a marriage and so a common man's sentiment is not aroused to such an extent that he is motivated to go for it. Also most of our population live in rural areas where it is all the more difficult to enforce as a marriage is valid without a registration too," says Gupta.
"If a couple ties the knot under the Hindu Marriage Act, 1955 the marriage remains valid even without a registration. Same is also true for other personal law marriages," Parija adds.
Necessity of registration of marriage is only a formality like registration of child birth and death, in order to enable the government to keep track of the marriage. Otherwise in India where lakhs of marriages are solemnised in a year acCording to respective customary rituals, there is no other provision for the government to keep track of marriages.
There is also a number of cases of fraud reported mostly by NRI's who use marraige as an excuse to enter foreign countries, she says.
Since marriage is generally accepted by society even though it is solemnised under different rituals, many unscrupulous elements often take advantage of the institution to further their wants.
Generally in each district, there is one Registrar of marriages. "The registering authority asks for the identification proof as well as the residential proof of the couple. These proofs should be issued by the government like an election voter I-card, ration card etc. They go by the documentary proof only. Generally no actual verification of address is taken. If the address is found to be wrong, then there would be no registration of marriage in that jurisdictional court," says Parija.