If there is no marriage registration, you will be in trouble! Know the legal complications and damages

Marriage in India is not only a social or religious ceremony but also has legal significance. However, many people neglect or postpone marriage registration after completing all the marriage rituals. In changing times, marriage registration is no longer just a formality. It becomes an important evidence for many legal, financial and administrative rights of husband and wife. Non-registration of marriage may lead to difficulties in various legal, financial and administrative matters in future. In such cases, additional documents, witnesses and certain procedures may be required to prove the relationship of husband and wife.

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What did the Supreme Court say?

In the case of ‘Seema v Ashwani Kumar’ in the year 2006, the Supreme Court directed all states to make marriage registration mandatory. A marriage certificate is an official and legal proof of the relationship between husband and wife. This certificate is very useful in case of future property, inheritance or matrimonial disputes. However, the fact that the marriage is not registered does not make the marriage invalid. Registration does not make a marriage valid, but it makes it easier to prove.

There may be difficulties in passport and visa processing

If a couple is planning to work, study, travel or live abroad permanently, a marriage certificate is required. This document plays an important role for adding spouse’s name in passport, for spouse visa or family visa, traveling with family abroad. A marriage certificate is mandatory in many countries. If not, the whole process can become more complicated.

Difficulties in joint bank accounts and investments

After marriage, many couples open a joint bank account or involve each other in financial plans. In such cases banks may ask for marriage certificate. Apart from this marriage certificate is also required for fixed deposits (FD), investment schemes, nominating spouse, inclusion of spouse in financial services. Many couples take a joint loan to buy a house, start a business or for other reasons. Banks and financial institutions often demand a marriage certificate as proof of marital relationship.

The insurance claim and nomination process can be difficult

A marriage certificate is often required to include a spouse’s name in life insurance, health insurance, or other insurance plans. Additional legal documents may be required to prove the relationship if the marriage is not registered while making insurance claims in the future. This may delay the approval of the claim. If disputes arise in the future over ownership or inheritance, it may be difficult to prove the relationship between husband and wife if the marriage is not registered.

These facilities will not be available

• Additional documents may be required to open a joint bank account.
• Spouse may face difficulties in enrolling in FDs, investment schemes or financial services.
• The process of nominating a spouse can be time-consuming.
• Proof of relationship may be required for joint home loan or business loan.
• Loan approval may be delayed.
• Additional documents may be required to be submitted while making an insurance claim.
• Difficulties may arise in matters of property, inheritance and inheritance.
• Access to government schemes and family benefits can cause problems.
• Marriage certificate also important for government schemes

Many government schemes, employee benefits and family schemes require a marriage certificate. If the marriage is not registered after the death of the spouse, an inheritance certificate may be issued to transfer the bank account or property. This process is expensive. This process becomes easier if you have a marriage certificate. A marriage certificate may also be required for family pension, medical facilities and other dependent benefits for government employees.

How is marriage registered?

In India, marriages are registered under the Marriage Act of the respective religion or the Special Marriage Act, 1954.

In most states marriages can be registered on the basis of the following documents.

• Identification card
• Address proof
• Wedding photo
• the witness

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