Registration of Hindu Marriages under Hindu Marriage Act, 1955

Registration of Hindu Marriage (Sec.8) :
Sec 8 (1) : Registration of marriage : This section provides for the registration of Hindu marriage. Generally, Hindus do not get their marriage registered unlike adoption, will, transfer of property and partition. The Act does not contain the rules of registration and the State governments have been authorized to frame them. The purpose of registration is only to furnish a convenient evidence of marriage. Clause (4) provides that Hindu Marriage Registers will be admitted as evidence.
Sec 8 (2) : Compulsory Registration : If the State government deems it proper they can make registration compulsory. The violation of this requirement, however, will not affect the validity of marriage. This Act itself punishes this violation by a fine which cannot exceed Rs.25.
Sec 8 (3) : State-Rules subject to approval by Legislature : The rules made in this connection should be laid before the State Legislature by the State government.
Sec 8 (4) : Marriage Register : The Hindu Marriage Register is not a confidential document. It will be available for checking at all reasonable times and certified copies of its entries can be obtained on the payment of a certain fee. For this purpose an application has to be given to the Registrar.
Sec 8 (5) : Marriage valid without registration : It is explicitly laid down in this Act that non-registration does not affect the validity of marriage. But it is not explained therein whether or not registration itself proves the validity of marriage. Registration is only for the convenience of proof. It has no place among the essential requirements of a valid marriage.
Under the Special Marriage Act, 1954, which is valid for any Indian citizen, irrespective of religion, each marriage is registered by marriage officers specially appointed for the purpose. Registration of marriage is compulsory under the Indian Christian Marriages Act, 1872. Under the Act, entries are made in the marriage register of the church, soon after the ceremony, along with the signatures of the bridegroom, the bride, the officiating priest and witnesses. Parsi Marriage and Divorce Act, 1936 makes necessary Registration of Marriages. In Muslim law, a marriage is regarded as a civil contract and the quiz, or officiating priest, also records the terms of the marriage in a nikahnama, which is handed over to the married couple.
Under Section 8 of the Hindu Marriage Act 1954, there exists a provision for registration of marriages. However, it's left to the contracting parties to either solemnize the marriage before the sub-registrar or register it after performing the ceremony in conformity with Hindu beliefs.
Effect of non-registration of Marriage :
In Seema v. Ashwani Kumar (2006), the Supreme Court directed to all State Government and Union Territories to enact laws for compulsory registration of marriage irrespective of religion. At that time registration of marriage was compulsory only in five State, viz-1.Maharashtra, 2. Gujarat, 3. Karnataka, 4. Himachal Pradesh, 5. Andhra Pradesh.
Recently, the following states have made provision for compulsory registration of marriage. These states are-Bihar, Chhattisgarh, Goa, Andhara Pradesh, Meghalaya, Mizoram, Rajasthan, Sikkim, Tamil Nadu and Tripura (Total 13).
It may be noted here that power to make law for compulsory registration of marriage is provided in Entry 5 and 30 of list III, VIIth Schedule of the Constitution. Further Section 8 of Hindu Marriage Act, 1955 enables the Government to make rules with regard to registration of marriages.
The Central Government has made it mandatory for all States to make compulsory birth registration and also asked to legislate for compulsory registration of marriages. The reasoning is that the States are in a better position to know the social structure and local conditions prevailing in the respective states. Then applying the logic for mandatory birth registration why isn't the Central Government making marriage registration compulsory for the whole of India?
HMA must provide compulsory registration for every marriage. There are following benefits of this rule:
(i) Child marriages will be totally stopped.
(ii) Under-aged marriage will also be stopped.
(iii) Rule of monogamy can be fully established.
(iv) Women right to husband property can be established.