Section 8 HMA: Registration of Hindu marriages
Hindu Marriage Act, 1955
Section 8 HMA at a Glance
Section 8 HMA provides for entering Hindu marriage particulars in a Hindu Marriage Register to make proving the marriage easier, lets State Governments make registration compulsory, and clarifies that omitting the entry never affects the validity of a Hindu marriage.
Section 8 HMA Bare Act Text
8. Registration of Hindu marriages.
(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.
(5) 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.
Section 8 HMA in Simple Words
Section 8 HMA deals with the registration of Hindu marriages to make proving a marriage easier. Under Section 8(1) HMA, the State Government may make rules allowing the parties to a Hindu marriage to enter the particulars of the marriage in a Hindu Marriage Register kept for that purpose, in the manner and subject to the conditions prescribed by those rules.
Under Section 8(2) HMA, despite the optional framework in Section 8(1) HMA, if the State Government forms the opinion that compulsory registration is necessary or expedient, the State Government may direct that entering marriage particulars in the Hindu Marriage Register is compulsory across the whole State or in any part of the State, either in all cases or in specified cases. Where such a direction has been issued, any person who contravenes a rule made for compulsory registration is punishable with fine which may extend to 25 rupees. Under Section 8(3) HMA, all rules made under Section 8 HMA must be placed before the State Legislature as soon as may be after the rules are made.
Section 8(4) HMA sets out the evidentiary value of the Hindu Marriage Register and public access to it. The Hindu Marriage Register must remain open for inspection at all reasonable times, and is admissible as evidence (meaning a court can accept the register as proof) of the statements recorded in the register. On receiving an application and payment of the prescribed fee, the Registrar must issue certified extracts (official certified copies of entries) from the Hindu Marriage Register.
Under Section 8(5) HMA, notwithstanding anything else in Section 8 HMA, failing to enter the marriage particulars in the Hindu Marriage Register does not affect the validity of any Hindu marriage in any way.
When Section 8 HMA Applies
- Rules made by the State Government for entering marriage particulars in a Hindu Marriage Register in the prescribed manner and subject to prescribed conditions (Section 8(1) HMA).
- Optional State Government direction making registration compulsory in the whole State or part of the State, for all cases or specified cases, with all rules laid before the State Legislature (Section 8(2) and Section 8(3) HMA).
- Fine which may extend to 25 rupees for contravening a rule made under a direction for compulsory registration (Section 8(2) HMA).
- Right to inspect the Hindu Marriage Register at reasonable times, use the register as admissible evidence of recorded statements, and obtain certified extracts from the Registrar on paying the prescribed fee (Section 8(4) HMA).
- Preservation of marriage validity even when the entry in the Hindu Marriage Register is omitted (Section 8(5) HMA).
Example of Section 8 HMA
When Section 8 HMA Does Not Apply
- Omitting to enter the marriage particulars in the Hindu Marriage Register does not invalidate or affect the validity of any Hindu marriage, even where registration rules apply (Section 8(5) HMA).
FAQs on Section 8 HMA
What is Section 8 HMA?▼
Section 8 HMA governs the registration of Hindu marriages in a Hindu Marriage Register to make proving a marriage easier, under rules made by the State Government. Section 8 HMA also makes the register admissible as evidence and states that omitting the entry never affects the validity of a Hindu marriage.
Is a Hindu marriage invalid under Section 8 HMA if the marriage is not registered?▼
No. Under Section 8(5) HMA, omitting to enter the marriage particulars in the Hindu Marriage Register does not affect the validity of any Hindu marriage in any way.
Can a State Government make marriage registration compulsory under Section 8(2) HMA?▼
Yes. Under Section 8(2) HMA, if the State Government considers compulsory registration necessary or expedient, the State Government may direct that entering marriage particulars is compulsory across the State or in part of the State, in all cases or in specified cases.
How can a couple get proof of marriage from the Hindu Marriage Register under Section 8(4) HMA?▼
By applying to the Registrar and paying the prescribed fee for a certified extract. Under Section 8(4) HMA, the Hindu Marriage Register is open for inspection at all reasonable times and is admissible as evidence of the statements contained in the register.
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·