Marriage License vs Civil Union: Key Differences

Indian law does not recognise "civil unions" as a separate legal status. The term "marriage license" is not a statutory document under Indian marriage laws. Instead, Indian couples register their marriage under either personal law (such as the Hindu Marriage Act, 1955) or the Special Marriage Act, 1954. A civil union, as understood in some foreign jurisdictions, has no equivalent in Indian legislation.

Under the Special Marriage Act, 1954, a couple can marry without renouncing their religion, and the marriage is registered with a Marriage Officer. This is the closest Indian law comes to a secular, civil marriage. Section 4 of the Special Marriage Act, 1954 sets out conditions for a valid marriage, including that neither party has a living spouse, both are of marriageable age, and they are not within prohibited degrees of relationship. The marriage certificate issued under this Act is a legal proof of marriage.

Under personal laws like the Hindu Marriage Act, 1955, marriage is a sacrament for Hindus, though registration is now mandatory under Section 8 of the Act in most states. The certificate of registration under the Hindu Marriage Act, 1955 serves as proof of marriage. There is no separate "civil union" status available under any Indian statute.

No. Indian law does not provide for civil unions or same-sex marriage. The Special Marriage Act, 1954 and all personal marriage laws define marriage as between a man and a woman. The Supreme Court of India, in Navtej Singh Johar v. Union of India (2018), decriminalised consensual same-sex relations under Section 377 of the Indian Penal Code, 1860 (now replaced by Section 63 of the Bharatiya Nyaya Sanhita, 2023). However, the Court did not create a right to marry or register a civil union for same-sex couples.

In October 2023, the Supreme Court in Supriyo v. Union of India declined to recognise same-sex marriage or civil unions under existing law. The Court held that the legislature must decide whether to create a new legal framework for same-sex relationships. Until Parliament enacts such a law, same-sex couples cannot register a marriage or civil union in India.

Some couples have attempted to register marriages under the Special Marriage Act, 1954, but registration officers have refused on the ground that the Act contemplates marriage between a man and a woman. No court has yet ordered the registration of a same-sex marriage under the Special Marriage Act, 1954.

Since Indian law does not recognise civil unions, the rights discussed here compare marriage registration under Indian law with the hypothetical absence of such registration. A registered marriage under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954 confers several legal rights that an unregistered relationship does not:

• Maintenance rights: Section 24 of the Hindu Marriage Act, 1955 and Section 36 of the Special Marriage Act, 1954 allow a spouse to claim maintenance during divorce proceedings. The Protection of Women from Domestic Violence Act, 2005 also provides relief to wives in domestic relationships.

• Inheritance rights: A legally wedded spouse is a Class I heir under the Hindu Succession Act, 1956. Under the Indian Succession Act, 1925, a spouse inherits from the other's estate. An unmarried partner has no automatic inheritance right.

• Adoption rights: Under the Juvenile Justice (Care and Protection of Children) Act, 2015, only married couples can jointly adopt a child. Single persons can adopt, but a couple in an unregistered relationship cannot adopt jointly.

• Divorce and dissolution rights: Only a married person can file for divorce under the Hindu Marriage Act, 1955, Special Marriage Act, 1954, Indian Divorce Act, 1869, Dissolution of Muslim Marriages Act, 1939, or Parsi Marriage and Divorce Act, 1936. An unmarried partner has no statutory right to seek dissolution of the relationship.

• Custody and guardianship rights: Under the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890, a married father is the natural guardian of a minor child. An unmarried father must apply to court for guardianship.

The Special Marriage Act, 1954 is India's secular marriage law. It allows any two persons, regardless of religion, to marry and register their marriage. It is not a civil union, but it is the closest Indian equivalent to a civil marriage. Key features include:

• Notice requirement: Section 5 of the Special Marriage Act, 1954 requires the couple to give a 30-day notice of intended marriage to the Marriage Officer. The notice is published and open to objections from the public. This is a procedural requirement that does not exist in personal law marriages.

• No religious ceremony required: The marriage is solemnised by the Marriage Officer in his office, with three witnesses present. No religious rites are necessary.

• Succession: Section 21 of the Special Marriage Act, 1954 provides that succession to the property of a person married under this Act is governed by the Indian Succession Act, 1925, not by personal law. This means a Hindu marrying under this Act loses automatic application of the Hindu Succession Act, 1956 for their own property.

• Divorce: Grounds for divorce under Section 27 of the Special Marriage Act, 1954 include adultery, desertion, cruelty, and mutual consent. The procedure is similar to divorce under the Hindu Marriage Act, 1955.

A civil union, as recognised in some countries, typically grants some spousal rights without the full legal status of marriage. The Special Marriage Act, 1954 grants full marital status, not a lesser status. There is no Indian law that creates a middle ground between marriage and no legal recognition.

If you are considering formalising your relationship, speak with an advocate who handles family law matters. They can explain which marriage law applies to you based on your religion and residence, and guide you through the registration process. If you are in a same-sex relationship, an advocate can advise you on the current legal position and any alternative legal arrangements available.

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This page provides preliminary legal information about India Law. It is not legal advice and does not create an advocate-client relationship. For your matter, book a consultation with a licensed advocate.