The Proof of a Hindu marriage under Section 8 of Hindu marriage Act, 1955 are as follows:
In order to facilitate proof of a Hindu marriage the State Government is authorised to make rules providing for registration of marriages. Such rules must, inter alia, provide that the parties to any such marriage may have the particulars relating to their marriage entered in the Marriage Register in such manner and subject to such conditions as may be prescribed.
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It is upto the State Government to provide, if it thinks fit, to make the registration of the particulars of all marriages compulsory in the State or in any parts thereof. Where any such direction has been issued by the State Government, any person contravening any rule made in that behalf is punishable with fine which may extend to twenty-five rupees.
Sub-section (4) of Section 8 provides that the Marriage Register maintained under this section and in accordance with the rules made under this section shall at all reasonable times be open for inspection; moreover it is made admissible as evidence of the statements contained therein.
Sub-section (5) of Section 8 provides that notwithstanding anything contained in this section the validity of any Hindu marriage shall, in no way, be affected by the omission to make the entry of marriage. Even if the State Government should make registration compulsory, the omission to make the entry, whatever other consequences may follow, would not affect the validity of the marriage itself.
In Vinaya Nair and others v. Corporation of Kochi, the petitioners, who belong to Nair community, their Marriage was solemnized in accordance with the provisions of the Hindu Marriage Act. The husband is employed in Canada and wife is native of Kannur district in Kerala. Husband was born in Canada, consequently, he acquired Canadian citizenship by birth, who professes Hindu religion and has married the Hindu girl. After marriage they submitted an application form of the Kerala Hindu Marriage Registration Rules, 1957 to the corporation of Cochin for registering their marriage.
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But the corporation refused to register their marriage on the ground that the husband is of Canadian domicile. The High Court held that in such circumstances marriage between the parties is void. Solemnized the provisions of the Hindu Marriage Act and therefore, the corporation is not justified in not registering the marriage. The Court directed the Corporation to issue the marriage certificate at the earliest.
Here the question is that whether marriage should be registered, whether compulsory or otherwise is left to the discretion of the State Governments. The State of Bombay, Himachal Pradesh and Karnataka implement for uniform, compulsory registration of marriage in their respective States.
Recently, the Supreme Court has directed the Centre and State Governments to make necessary amendments in the rules to facilitate compulsory registration of marriages by a nodal officer, and the court has given three months time to the Governments to notify the amended rulers. The compulsory registration of marriage would provide proof to the beleaguered wives who fail to provide documentary proof of marriages in a maintenance suit.
