
In India, marriage is not only considered a social and religious bond, but it is also a legal relationship. Often, despite completing all the rituals after marriage, people do not consider marriage registration necessary and keep postponing it. But in changing times, marriage registration is not just a formal process but has become the key to many rights and facilities. If the marriage is not registered, then one may face problems in many legal, financial and administrative matters in future. In many cases, to prove the relationship between husband and wife, one has to go through additional documents and a lengthy process.
In the Seema vs. Ashwani Kumar case, 2006, the Supreme Court had directed all the states to make marriage registration mandatory. In the absence of marriage registration, there is no official and legal proof of the relationship between husband and wife. If any kind of matrimonial dispute, property issue or question related to rights arises in future, many other documents and witnesses may be required to prove the marriage. However, lack of registration does not mean that the marriage is not valid. Registration does not make the marriage ‘legal’, but makes it easier to prove.
There may be problems in passport and visa process
If a couple is planning foreign travel, employment or permanent residence, a marriage certificate may be required. This document plays an important role in the process of adding spouse’s name to the passport, obtaining spouse visa or going abroad with the family. In many countries, marriage certificate is one of the mandatory documents for issuing family visa or dependent visa. In such a situation, due to lack of registration, the process can become long and complicated.
There may be problems in joint bank account and investment
After marriage, many couples open joint bank accounts or involve each other in financial planning. In such cases, banks can ask for a marriage certificate as proof of the relationship between husband and wife. Apart from this, there may be difficulty in including spouse or making nominee in fixed deposits, investment schemes and other financial services. Many couples take loans jointly to buy a house, start a business or for other needs. Banks and financial institutions often ask for marriage certificate as proof of the relationship between husband and wife. If the marriage is not registered, additional documents may have to be provided in the process of joint home loan or other loan and approval may take more time.
Insurance claim and nominee process can be complicated
Many times a marriage certificate is required to make a husband or wife a nominee in life insurance, health insurance and other insurance policies. If an insurance claim arises in the future, non-registration of the marriage may require additional legal documents to prove the relationship, which may delay settlement of claims. Marriage certificate is considered an important document in matters related to property and inheritance. If there is property in the name of one of the spouses and disputes related to inheritance or ownership arise in the future, non-registration of marriage can increase difficulties.
These facilities will not be available
- If the marriage is not registered, additional documents may have to be provided while opening a joint bank account.
- There may be difficulty in involving the spouse in fixed deposits, investment schemes and other financial services.
- In many cases, the process of making your husband or wife a nominee can be long and complicated.
- Proof of relationship may be asked while taking joint home loan, business loan or other joint loan.
- In the absence of marriage certificate, the loan approval process may be delayed.
- Additional legal documents may have to be submitted to prove the relationship at the time of insurance claim.
- Proving marital relationship can be difficult in disputes related to property, inheritance and succession.
There may be obstacles in availing government schemes and family benefits
Marriage certificate is required for many government schemes, employee facilities and family benefits. Often after the death of the husband, if the marriage is not registered, a ‘succession certificate’ has to be made for transfer of bank accounts or property, which is a very lengthy and expensive legal process. Marriage certificate almost ends this process. In case of government employees, this document may be necessary for family pension, medical facilities and dependent benefits. In India, marriage registration is usually done under the marriage laws of the respective religion or the Special Marriage Act, 1954. In most states, this process can be completed on the basis of identity card, address proof, wedding photographs and witnesses.
Whereas earlier people considered only social and religious customs as sufficient proof of marriage, in today’s time marriage certificate has become an essential document. Marriage registration should be done as soon as possible after marriage. This is not just a paper process, but also an important way to avoid legal, financial and administrative troubles in the future.
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