ANNEXURE

COMPULSORY REGISTRATION OF MARRIAGES: NATIONAL AND STATE LEVEL LAW

A COMPARATIVE TABLE

The following table draws attention to the salient provisions of laws in India concerning registration of marriages. It is not an exhaus
dealing with marriage registration

Whether Registration
Name of is Compulsory, and if Effects of Registration and Penalty for Non
Legislation yes, for which Non Registration Registration
Community

National Level Legislation enacted prior to Seema vs. Ashwani Kumar1

1 Special Marriage YES [under section 13 All children born after the date A person guilty of signing
Act, 1954 (1), 16] for any person of the marriage ceremony shall false declaration or
marrying under this Act in all respects be deemed to be certificate is liable u/s 199 of
and always to have been the the IPC (section 45) Penalty
legitimate children of their for wrongful act of marriage
parents. (section 18) officer : simple imprisonment
of one year nd/or fine of Rs
500/- [section 46(3)]
2 Hindu Marriage NO. It is discretionary for Failure to register does not Fine of Rs 25/- for any person
Act 1955 state governments render the marriage invalid contravening any rule if such
to make rules for [section 8(5)] a rule is made under section
registration of Hindu 8(1) [section 8 (2)]
marriages [section8(1)]

State Level Legislation enacted prior to Seema vs. Ashwani Kumar2

3 Bombay YES (section 4) Failure to register Fine of Rs 200/-(section 8)
Registration of applicable to every does not render Penalty for Registrar for
Marriages Act marriage contracted in the marriage failing to file Memorandum
1953 an area in which invalid (section 7) rigorous
provisions of this Act imprisonment of 3 months
have been brought into and/or Rs 500/- fine (section
force but not to 9)
marriages contracted
under the Special
Marriages Act 1954, The
India Christian
Marriage Act 1872, or
Parsi Marriage Act
1936 (section 14)
4 The Karnataka YES (section 3) Failure to register Imprisonment of 3 months
Marriages every marriage does not render and/or fine of Rs 500/-
(Registration contracted in the the marriage (section 17) Penalty for
and state shall be invalid (section 8) Registrar: Imprisonment of 3
Miscellaneous registered months and/or fine of Rs
Provisions) Act 500/- (section 18)
1976

5 The Himachal YES (section 6) Failure to register Fine of Rs 200/ -(section 16)
Pradesh Every marriage does not render Penalty for Registrar:
Registration of contracted in the marriage Imprisonment of 3 months
Marriages Act Himachal Pradesh invalid (section and/or fine of Rs 500/-
1996 12) (section 17)

6 The Arunachal YES applicable Failure to register Penalty of Rs

Pradesh to all marriages does not render 1,000/- [section 8
Recording of in the state the marriage (2) of The
Marriage Act recognized under invalid (section Arunachal
2008 personal laws or 10) Pradesh
custom (section Recording of
3) Marriage Rules
2009]
7 Bihar Marriage YES applicable Not stated Any person who
Registration for every couple The Registrar is does not get his/her
Rules 2006 (rule 3) empowered to not marriage registered within
give a marriage 30 days of
registration solemnization of marriage
number if s/he shall be liable to pay a
finds apparent fine of Rs. 100/- upto 90 days
objection in and thereafter for
registering the Rs.50/- for each month
marriage [rule delay, upto a maximum of
5(5)] Rs. 1000/- only.In case of
couple being guilty, fine
amount shall be payable by
the husband [section
12(1)]. Penalty on Public
Servant: liable for dismissal
from service (section 13).

8 The Mizoram YES (section 3) Failure to register Penalty for

Compulsory Applicable to does not render Registrar: Simple
Registration of every marriage the marriage imprisonment of
Marriages Act contracted in the invalid (section 3 months and/or
2007 State. Marriage 12) fine of Rs 500
includes all the (section 13)
marriages Any person who
contracted by willfully omits or
persons belonging neglects to get his
to any caste, tribe or or her marriageregistered:
religion, and the simple
marriages imprisonment of
contracted as per six months and/or
any custom, fine of Rs 1000/-
practices or [section 14(3)].
traditions, and
also includes
remarriages
[section
Tamil Nadu Fine of Rs 1000/-
Registration of (section 14)
Marriages Act YES (section 3) Penalty for
2009 Failure to register does not Registrar
applicable to all
render the marriage imprisonment of
marriages which
invalid (section 23) The 3 months and/or
includes all marriages
Registrar has the power to fine of Rs 1000/-
performed by persons
refuse registration of marriage [section 14(2)]
belonging to any caste or
under section 7 (1) if the
religion under any
marriage between the parties
law for the time being in
is not performed in
force, or as per any
accordance with the personal
custom or usage in any
laws of the parties, or any
form or manner and also
custom or usage or tradition
includes remarriage
[section 7 (1) (a)]
[section 2 (c)
AND STATE LEVEL LAWS

arriages. It is not an exhaustive compilation of all laws in India

Whether Certificate of
Days within which to Registration is
Register Evidence of the
Marriage

hwani Kumar1

30 days following public YES

notice (section 16) [section
13(2)]
 N.A YES. Under section 8 (4)
The Hindu Marriage
Register shall be
admissible as evidence
of the statements

shwani Kumar2
30 days from date Not specified in
of marriage the Act
(section 5)
30 days from date Not specified in
of marriage the Act
(section 5)

30 days from date of Not specified in

marriage (section 7) the Act

60 days from date Not specified in

of marriage the Act
[section 2(a)]
30 days from This registration
solemnization of shall be rebuttable
marriage (rule 3) proof of the
marriage having
taken place (rule
4)
The Mizoram
Compulsory
Registration of
Marriages Act
2007
YES (section 3)
Applicable to
every marriage
contracted in the
State. Marriage
includes all the
marriages
contracted by
persons belonging
to
Failure to register
does not render
the marriage
30 days (section Not specified
invalid (section
6)
12)
Penalty for
Registrar: Simple
imprisonment of
3 months and/or
fine of Rs 500
(section 13)
Any person who
willfully omits or
neglects to get his
or her marriage
30 days (section
6)
Not
90 days from date Not specified
of marriage
[section 5 (1)].