A Critical Analysis on Compulsory Registration of Marriage and Essentiality upon its Mandate and Adherable Procedure in Indian Context with Special Reference to Other Countries

  • Ramji Kumar P
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  • Ramji Kumar P

    Advocate at Madras High Court, Chennai, India

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Marriage life is the most important phase of every people in the world. Marriage is connected with the many legal issues in the society such as inheritance, maintenance, legitimacy of children and their inheritance rights and so on. In India, Marriage is the most important and essential life phase of everyone’s life. Due to unregister of marriage, Many cases are pending before the court related to many inheritance legal issues. The lack of compulsory registration of marriage cause gender inequality in India, mostly affecting woman and child. Women are frequently deprived of the status of wife due to a lack of registration proving a lawful marriage. Compulsory registration of marriage solved many legal issues such as inheritance of property, bigamy marriage, maintenance of the unearned partner and children, gender abuse, child marriage, etc. The Births, Deaths, and Marriages Registration Act of 1886 mandates the designated Registrar-General of Births, Deaths, and Marriages to preserve a proper record of marriage registers received from officials acting under the terms of the three Acts such as The Special Marriage Act, 1954, The Indian Christian Marriage Act, 1872, The Parsi Marriage and Divorce Act, 1936 and the procedure is most easy and friendly nature. However, Under the Hindu Marriage Act, 1955, there is a great lacuna for the friendly and easy procedure for the compulsory registration of marriage. In this research paper, the researcher discusses the compulsory registration of marriage in India and the report of the law commission. Further, discussed the legislative framework of marriage and registration and also analysis the procedure of registration of marriage in various countries such as Australia, New Zealand, the United Kingdom, Pakistan, and Bangladesh. The researcher explains the judicial precedent about the compulsory registration of marriage and the need for compulsory marriage registration. And the final part of the research paper, the researcher comparatively analysing the central legislative framework in India regarding the procedure for registration of marriage and also procedure followed for registration of marriage in various countries and suggest the best and possible framework for the compulsory registration in India particularly for Hindu and Muslim who not comes under the preview of the compulsory registration of marriage.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 840 - 858

DOI: https://doij.org/10.10000/IJLMH.113863

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