Explainer: is a Hindu marriage valid if it was never registered?

Many couples who married at a temple or at home years ago worry that their marriage is not valid because it was never registered. The law is clear on this.

Validity

The Hindu Marriage Act, 1955 allows states to make rules for registering Hindu marriages, and it says in terms that the validity of a Hindu marriage is not affected by a failure to register it. A marriage performed with the customary rites and ceremonies of either party — where those include the saptapadi, the marriage is complete when the seventh step is taken — is valid whether or not it is registered.

Why registration still matters

• Proof. A registrar’s certificate is accepted by passport offices, embassies, banks, insurers and employers without further questions. Without it, a couple may have to prove the marriage with photographs, witnesses and affidavits.
• Delhi’s rule. Following the Supreme Court’s direction in *Seema v. Ashwani Kumar*, Delhi made the registration of marriages compulsory through the Delhi (Compulsory Registration of Marriage) Order, 2014.
• Protection. Registration helps prevent child marriage and bigamy, and protects the rights of spouses and children.

Registering an old marriage

An older marriage can still be registered. The registrar usually asks for proof of the ceremony — photographs, the invitation card, a temple certificate — identity and address documents, affidavits and witnesses. Our marriage registration page explains the process, and our registration guide for Delhi lists the documents.