In any society marriage occupies a very important place in a person's life. Though marriages are said to be ``arranged in heaven'', the situation is sometimes not so pleasant in many marriages. More and more people are now moving to courts of law, seeking remedy from their matrimonial situations.The most important issue which is decided at the time a person seeks relief from the matrimonial court is the legality or validity of the marriage. Only a person whose marriage is ``legally'' valid can approach the court to claim any relief. It is therefore most essential that the marriage which a person enters into is legally valid. This issue carries a very important significance as far as women are concerned. Because more often than not it is the woman who has to face difficulties in all respects if her marriage enters into troubled areas.The issue is also most pertinent in situations like bigamy where a man deserts or abandons his first wife and contracts marriage with another woman. Obviously, the first wife has to seek relief for her rights. In this situation, the first wife will have rights only if her marriage was valid as per laws. Moreover if the first wife has to take any action regarding the second marriage of her husband, she will have to prove both the marriages, her own marriage as well as the second marriage of her husband. Law being what it is, no action can be taken against any person unless his actions are proved . Hence it logically follows that unless a marriage is strictly proved as having been performed, it is no marriage in the eyes of law. The instant marriage as shown in Hindi films are grossly misleading and such marriages are not recognised by law.
Our legal system has acknowledged and codified personal laws for people of different religions. The personal laws which cover matters of marriage, divorce, maintenance, custody of children and inheritance of property are different for Hindus, Muslims, Christians and Parsees. Any marriage performed as per any religion has to be as per the norms laid down in that particular religion and all ceremonies, rituals have to be performed accordingly. Only when the persons have been proved to have gone through the customary marriage ceremony, then only they can be considered as ``legally'' married.
All such marriages performed with the religious or customary rituals can be later registered with registrar of marriages by filling and submitting a simple form which requires signatures of the bride, the bridegroom and of the priest who officiated the marriage. The place where the marriage was solemnised has to be mentioned. The certificate of registration is considered as the authentic proof of the marriage. Formerly, such registration was not done by many people. But with changing times, the registration of marriage has become inevitable so as to avail of many facilities like that of obtaining a passport.
Another confusion which is widely prevalent is about ``registered'' marriages. Religious marriages can be performed between persons professing the same religion. The Special Marriage Act provides for marriages between persons following two different religions. This marriage is solemnised before the registrar of marriages. Some necessary formalities are to be first completed like giving one month's notice. Later the parties have to sign in the register of the Registrar and take oaths. Presence and signature of three witnesses is also necessary.
No religious ritual or ceremony is essential for this marriage. This is the proper ``court'' or ``registered'' marriage and is totally distinct from marriages performed as per religion and simply registered later. They are instances where women especially young girls in their teens are deceived by men by making them believe that they are having a ``registered'' marriage. The modus operandi of such deceitful marriages is that the form for registration (which is filled to register a marriage performed as per religion) is filled up, signatures are obtained and may be just a nominal exchange of garlands is done (which is also non-existent at times).
Then the form is submitted for registration and obviously the marriage is registered. The most important lacunae in this is the absence of proper religious ceremony. This registration by itself does not lend any legal authenticity to the marriage and the marriage can be challenged at any time. At the same time, till this marriage is got declared as null and void from a competent court, the interested party can blackmail or hold to ransom the other party and this may lead to complicated situations.
The sum and substance is, everybody must exercise proper care and caution to ensure that all marriages are performed and registered properly and fulfil all the requirements of a legally valid marriage.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.