Marriage occupies a central place in Indian
society, especially within the Hindu legal framework, where it is regarded as
both a social and religious institution. Despite this significance, the
registration of Hindu marriages under the Hindu Marriage Act, 1955 remains
largely optional, which has led to several legal and social complications. This
research paper examines the issue of non-registration of Hindu marriages from a
human rights perspective, with particular emphasis on its impact on women and children.
Unregistered marriages often result in denial of matrimonial rights,
difficulties in proving marital status, and increased vulnerability to
practices such as bigamy, child marriage, abandonment, and marital fraud.
The paper analyses the existing legal
framework governing marriage registration, including statutory provisions,
judicial pronouncements, and state-level legislations that mandate compulsory
registration. It highlights how courts, especially the Supreme Court in Seema v. Ashwani Kumar, have
repeatedly stressed the importance of mandatory registration as a means to
protect women’s rights and prevent social evils. The study also reviews
recommendations made by the Law Commission of India and legislative efforts
aimed at introducing a uniform system of marriage registration across the
country.
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