Compulsory Registration Of Marriage: An Analysis Of Pros And Cons

Kashika Sachdeva & Divya Singh, National Law University, Odisha (Cuttack)

INTRODUCTION

Compulsory registration of marriage refers to a legal provision that makes compulsory the recording of every marriage with a specific governmental authority or register. The process required for it is registering the details related to marriage, including parties' names, date and place of the marriage, and other related information. The basic aim of compulsory marriage registration is that the state recognizes and acknowledges marriages, documents, and protects the rights and status of the parties. Compulsory marriage registration formally institutes marriage by registering in an official record, therefore constituting it legal and recognizable to the state. In doing so, it aims at ascertaining the legal status of marriage among other legal matters like inheritance, taxation, and rights concerning spouses. Information concerning the marriage is recorded and these are usually kept in a public or semi-public registry. It shall constitute an official evidence that the parties are married to each other. Upon registration, the parties involved then obtain a variety of legal rights and protections including property rights, inheritance rights, and spousal benefits.

It provides a statutory apparatus for managerial treatment of disputes over marital status. Compulsory registration can assist public health and social policy through sound demographic statistics. The data can be of great benefit to social services planning and implementation, policies, and programs. Registration for illegal activities, such as child marriage or bigamy, has ensured that marriages are conducted with appropriate legal standards and recorded accordingly. In simple words, one must provide specific documents like proof of identity and consent, submitted to the office of local government or registry.