What Rights Do Couples Have In An Unregistered Marriage?

In India, an unregistered marriage is one where the couple has not formally registered their marriage with the government, despite being married according to personal laws or customs. While unregistered marriages are still considered legally valid under Indian law, the rights and protections available to such couples may be limited compared to those in a formally registered marriage.

Legal Status and Rights in an Unregistered Marriage

1. Validity of Marriage:

   In India, a marriage is considered valid even if it is not registered, as long as it fulfills the essential requirements under the relevant personal laws (such as consent, age, and the performance of rituals). The Special Marriage Act (for interfaith or inter-caste marriages) and various Hindu Marriage Act or Muslim Personal Law provisions do not mandate registration for a marriage to be legally recognized.

2. Rights and Protections in Unregistered Marriages:

   Couples in an unregistered marriage have several rights under Indian law, including:

   • Maintenance: The wife can seek maintenance from her husband under Section 125 of the Criminal Procedure Code (CrPC), regardless of whether the marriage is registered. The Domestic Violence Act (2005) also provides protection and maintenance rights for women in unregistered marriages.
   • Property Rights: Property rights, particularly in cases of inheritance, may become complicated in the absence of marriage registration. In an unregistered marriage, the wife may not automatically have the same inheritance rights as a legally married spouse, particularly in matters of property owned by her husband. However, a wife can claim a share in her husband's property if the marriage is established as valid.
   • Divorce: In an unregistered marriage, a divorce can still be sought under personal laws (such as Hindu law or Muslim law), even though the marriage was not registered. However, without official documentation, proving the marriage and filing for divorce may be more challenging in court.
   • Inheritance Rights: The wife and children from an unregistered marriage generally have inheritance rights over the deceased spouse's property, provided the marriage is valid and there is proof of cohabitation.

Challenges in Proving Marriage

One of the main challenges of an unregistered marriage is proving the marriage in legal proceedings. Since there is no official record, the parties involved may need to provide additional evidence such as witness testimony, photographs, or documentary proof to substantiate the marriage. This can be particularly important in cases of property disputes, divorce, or claims for maintenance.

Social and Legal Implications

Although unregistered marriages are legally valid, couples may face social stigma and challenges in dealing with legal formalities like property transfers, inheritance, and even medical benefits. The lack of registration may sometimes complicate matters, especially if one spouse seeks to prove marital status for legal benefits.

Legal Precedents and Case Laws

• The Supreme Court of India has held that a marriage is valid even if it is not registered, as long as it meets the necessary criteria under personal law.
• In the Shah Bano case (1985), the Supreme Court emphasized the need for women’s rights in a marriage, which can be claimed regardless of whether the marriage is registered.

Example

If a woman is in an unregistered marriage and her husband dies without leaving a will, she and their children have the right to claim a share of his property as legal heirs. However, without registration, they may need to provide additional proof of the marriage, such as photographs or witness statements, to validate their claim.

This answer outlines the rights and legal protections available to couples in unregistered marriages under Indian law. While the marriage is still legally valid, certain challenges and limitations can arise due to the lack of formal registration.