While having official documents is essential, many people overlook the importance of obtaining a marriage certificate. Nowadays, most newlywed couples secure a marriage certificate, even though registering a marriage is optional. However, many women are unaware of the potential issues they may encounter without one. We spoke with Manmeet Kaur, Partner at Karanjawala & Co., who shared valuable insights into the challenges married women can face without a marriage certificate.
Legal Challenges A Married Woman Might Face If She Does Not Have A Marriage Certificate?
Manmeet Kaur explained that a marriage certificate is an official document that verifies and certifies the union between a husband and wife. It serves as proof of marriage and facilitates making various joint decisions. However, not having a marriage certificate does not prevent a woman from seeking or pursuing legal remedies related to her marriage, as the solemnisation of the marriage can be proven through other means.
How Does Lack Of Marriage Certificate Affect Inheritance Rights?
Manmeet Kaur explained that the concepts of marriage validity and registration are distinct. A marriage can be valid even if it is not registered, and this will not prevent a spouse from claiming marital benefits. However, in situations where a person is unable to prove a legally valid marriage, the absence of a marriage certificate can exclude her from inheritance rights, leading to disputes with legal heirs.
In cases of intestate death, having a marriage certificate simplifies the process of establishing legal status as a spouse. Still, wedding photographs, the saptapadi ritual, and witnesses can also be used to prove a valid marriage, ensuring that a person’s legal rights as a spouse are not denied.
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Is Marriage Certificate Important For Visa Applications or Immigration Status?
In India, not having a marriage certificate can create difficulties for spouses looking to travel or immigrate abroad. Manmeet Kaur said, “If one partner applies for a work or student visa, the spouse wishing to accompany them must apply for a dependant visa. In such cases, a marriage certificate is required to prove the marriage. Without it, the visa could be denied or delayed due to insufficient proof of a valid marriage.”
It is highly recommended that couples register their marriage in accordance with existing laws to avoid such issues.
Will Absence Of A Marriage Certificate Impact Joint Tax Filings?
Although it is not mandatory, obtaining a marriage certificate can make numerous financial and legal processes more straightforward. When claiming deductions for specific expenses or investments made in a spouse's name, such as insurance and pension rights, a marriage certificate serves as proof of the relationship. While there are alternative ways to establish this proof, it is advisable to obtain a marriage registration certificate to prevent any potential complications.
Can A Woman Still Access Spousal Benefits Without A Registered Marriage?
Having a marriage registration certificate will undoubtedly simplify the process of accessing these benefits. In its absence, individuals may face considerable challenges when trying to claim or access the benefits. Although a woman can still pursue these benefits, doing so can be lengthy and time-consuming, often requiring legal procedures and alternative documentation.
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What Is The Correct Time For Registering A Marriage?
Each state may have different regulations regarding the registration of marriages. In Delhi, for instance, a valid marriage must be registered within 60 days of the marriage date. After this period, registration can still be completed, but a fine will need to be paid.
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