January 3, 2024

Legal issues in Sikh marriages abroad: recognition and challenges

This article is written by Tanaya Devadhe, a 3rd BALLB student from ILS Law College, Pune.

 

Abstract

Marriage is a sacred bond that holds great significance in the Sikh community. However, for Sikhs living abroad, marital bliss can be hindered by a myriad of legal issues and challenges. Obtaining legal recognition for their marriages can prove to be a daunting task, one that requires navigating international marriage laws and fulfilling strict legal formalities. In this article, we will delve into the recognition and challenges faced by Sikh marriages abroad. We will explore the legal requirements and documentation necessary for conducting Sikh marriages outside of India, and shed light on the unique obstacles faced by Sikh couples in foreign countries.

 

Key words: Sikh marriages, Anand Karaj, Recognition of Anand Karaj, Sikh Reht Maryada

 

Introduction: Understanding Sikh Marriages

In Sikhism, marriage is considered a sacred bond that unites two souls as one. The traditional Sikh wedding ceremony, known as Anand Karaj, holds immense significance in the Sikh community. It symbolizes the union of two individuals who pledge to support and love each other through all the ups and downs of life.

The Anand Karaj ceremony typically takes place in the presence of the Holy Scripture, Guru Granth Sahib, and family members. During the ceremony, the couple takes four rounds around the holy scripture, symbolizing the four stages of achieving union with God. The couple also takes seven vows with each vow representing a promise to uphold values such as love, devotion, respect, and support. The ceremony culminates with the couple receiving blessings from the Guru Granth Sahib and the congregation.

Through Anand Karaj, Sikhs believe that a union is not just between two individuals, but rather a spiritual union between two souls that become one. The ceremony serves not only to unite the couple but also to remind them of their spiritual journey and purpose in life.

 

International Recognition of Sikh Marriages

Sikh couples residing outside of India often face numerous obstacles in getting their marriages legally recognized. Due to the varying international marriage laws, it can be challenging for Sikh couples to navigate the documentation and legal formalities. The lack of legal recognition can lead to various legal and social issues, including inheritance disputes and spousal rights.

Furthermore, some countries have specific laws regulating marriage ceremonies, which may conflict with the traditional Sikh wedding ceremony, Anand Karaj. This can cause discord and difficulties for couples who wish to honor their religious beliefs while complying with local legal requirements.

For example: To marry legally in the UK, you must meet a number of prerequisites. You must give early notice of your marriage, and the ceremony must take place in a permitted site, which includes some places of religious worship. The marriage must be performed by (or in the presence of) a person licensed to register weddings and is recorded in the marriage register, signed by the parties to the marriage, two witnesses, and the approved person.

There are many conditions for religious weddings, and if the proper procedure is not followed, the marriage may be legally invalid: –

  • Marriages in the Church of England must be performed by a member of the clergy, who also records the marriage. The marriage must be performed in the presence of two witnesses and in accordance with Church of England standards.
  • Religious marriage ceremonies can be performed by Quakers and Jews, and the official administering the religious marriage ceremony will register the marriage. The marriage ceremony does not have to take place in a recognised facility or in public.
  • Other religious marriages, such as Muslim, Sikh, and Hindu nuptials, must take place in a recognised facility. There must be at least two witnesses present, including the registrar or an approved person (such as an Imam). Both parties must make declarations regarding their marriage.

It is critical to emphasise that religious marriage ceremonies are not acknowledged under English law unless all legal conditions are met. All couples who have officially recognised marriage ceremonies receive a marriage certificate.

For many individuals in the United Kingdom who marry in accordance with both English law and their religion, the religious ceremony is far more important, and they do not consider themselves ‘married’ until the religious ritual is completed – the civil ceremony is only a formality. However, many people in the United Kingdom have married only for religious reasons.

The legal recognition of a marriage is critical since it will undoubtedly influence the rights of the parties to the marriage. If your religious marriage is not acknowledged by the state, your relationship is legally equivalent to that of unmarried/cohabiting couples. As a result, if your religious marriage is not legally acknowledged, neither is your ‘divorce’. This may put you in a highly vulnerable financial situation if you subsequently divorce, especially if you live in the family home and it is completely owned by the other partner. 

Even if the couple does not divorce, there may be consequences if one of them dies without leaving a Will, in which case the other partner may not inherit anything from their estate or receive a pension. Another aspect is that the participants to a religious marriage may marry someone else in accordance with English law, in which case the parties to that marriage would be provided more protection.

Similarly, in Canada, according to the Marriage Act, couples must obtain a marriage license before marrying, or if neither party has been married before, they can have a publication of banns, which is essentially the announcement and publication of the parties’ marriage by a Church or other religious institution.

However, if the parties have not complied with or have only partially complied with the Marriage Act requirements, the issue upon separation will likely be whether or not their religious marriage should be considered invalid, which is very important for determining whether or not assets will be equalised.

Fortunately for many separating couples in this scenario, the Marriage Act offers a type of backup option, stating that a marriage solemnised in good faith is a lawful marriage. However, in order for this saving provision to be effective, the Canadian Court- Ontario Court of Appeal has devised a four-part threshold test, which is as follows:

  • The marriage must have been solemnised in good faith;
  • the marriage must have been intended to be in accordance with the Marriage Act; 
  • neither party is legally barred from contracting marriage; 
  • and the parties must have lived together and cohabited as a married couple after the marriage is solemnised.

All four of these requirements must be satisfied.

To address such challenges, it is essential to seek legal advice and guidance from experts in this area. Consulting professionals can help couples understand the legal requirements in a foreign country and assist in navigating the documentation process.

Moreover, Sikh organizations and marriage support networks have stepped forward to offer resources and support to couples facing legal challenges in their marriages abroad. Advocating for legal recognition and raising awareness through campaigns and initiatives can also contribute to achieving success in legalizing Sikh marriages abroad.

In summary, obtaining legal recognition for Sikh marriages outside of India can be difficult due to the varying international marriage laws. Seeking legal counsel, community initiatives, and awareness campaigns can help overcome these obstacles and promote the legal protection of Sikh marriages abroad.

 

Legal Requirements for Sikh Marriages Abroad

For Sikhs getting married outside of India, certain legal formalities and documentation need to be completed. While the process can vary depending on the country of residence, there are some basic requirements that all couples must fulfill.

The first step is obtaining a marriage license from the local government office. This typically involves providing identification documents, such as passports or birth certificates, and paying any associated fees. In addition, some countries may require a waiting period before the license is issued.

Once the license is obtained, the couple will need to complete any necessary religious ceremonies, such as the Anand Karaj, according to Sikh traditions. This may involve finding a gurdwara or Sikh priest who can perform the ceremony.

After the wedding, the couple will need to obtain a marriage certificate to prove their legal union. This certificate can be obtained from the same government office where the marriage license was issued.

It’s essential for couples to ensure that they have completed all necessary legal requirements and documentation to avoid any issues with their marriage’s legal recognition in their country of residence. Seeking legal counsel with experts in international marriage laws can be helpful in navigating this complex process.

 

Challenges Faced by Sikh Couples Abroad

The challenges faced by Sikh couples abroad go beyond legal obstacles for Sikh couples. While legal recognition of Sikh marriages is important, cultural and religious differences can also pose a challenge for couples.

  • Divorces

Divorce is not a concept or Maryada (code) in the Sikh religion. Civil divorce is seen as a serious problem. When a marriage is performed, the husband and wife agree in the presence of Sri Guru Granth Sahib Ji to stay together and love and honour each other for the rest of their lives. This should be honoured to the best of both parties’ ability. If there is marital strife, the community steps in. Panj Pyaaray might be enlisted to assist in resolving the matter.

To begin, certain senior members of the Sangat (community) may be requested to intervene and assist in resolving any disagreements. Second, the Panj Piaray might be enlisted to assist in resolving the matter. There is constantly pressure on the couple to settle their disagreements amicably, and senior members of the Gurdwara or Sangat are always willing to assist.

In very extreme, aberrant, or exceptional circumstances, such as a marriage collapse, the Sangat or Panj Pyaare can grant permission to remarry; nevertheless, there is no religious ceremony for divorce. The couple can, however, get a divorce under local civil law. If a marriage fell down in an extreme case, the wife would leave her husband and go live with her parents. Nowadays, the partners can live apart or seek a civil divorce. The Panj Piaare, older Gursikhs, or Sangat, on the other hand, should be contacted.

The above situation of divorce amongst Sikhs leads us to conclude that in India, Sikhs can be granted divorce by default under the Hindu Marriage Act, 1955 because there are no provisions for divorce in the Anand Marriage Act, 1909. The grounds mentioned in section 13, 13(1-A) and 13(B) of the Hindu Marriage Act are available to Sikhs as well.

 In case either or both the spouses are NRIs or OICs but the marriage is solemnized in India, the divorce will be granted under Hindu Marriage Act. However, the validity of the marriage needs to be proven which can be a difficult task along with overcoming societal and cultural stigma around the notion of divorce in the Sikh community.

In case the Sikh spouses are citizens of some other country and the marriage is solemnized there, the divorce will be granted by civil legislations governing divorce in that country. However, religious marriages i.e., marriages solemnized with religious ceremonies only, is not recognized as a legally valid marriage in foreign countries which creates problem in granting divorces. Furthermore, in case of laws like Canada Problems arise when parties acquire a legal divorce in Canada but their specific faith does not recognise their Canadian divorce. This implies that because their Canadian civil divorce is not recognised by their faith, the parties are still married! This can disable vulnerable spouses from escaping an abusive marriage.

In UK, for example, although the UK courts have no authority over religious weddings and divorces, they have established provisions for persons seeking a religious divorce in addition to their legal divorce. Section 10A of the Matrimonial Clauses Act of 1973 precludes the Decree Absolute from being awarded until the religious divorce is secured. This provision can be invoked if a husband or wife petitions the court to delay granting the decree absolute until their marriage has been dissolved according to their religious practice.

  • Interfaith marriages

The recent incident at a Sikh temple on September 11 underscores the vulnerability of interfaith Sikh marriages abroad. In this distressing event, 55 men with faces concealed in black cloth entered the temple, causing fear and chaos. The intrusion resulted in the cancellation of a couple’s nuptials, highlighting the challenges faced by Sikh individuals in interfaith marriages. 

Traditionally speaking, the ceremony of Anand Karaj that marks a marital union is a ceremony only for two Sikhs which means that, like all religions, Sikhism does not expressly allow interfaith marriages. This means that an interfaith couple one whom is a Sikh may not able to solemnize marriage under this ceremony. However, this is an issue of debate. Even then this continues to be a challenge for Sikhs all over the globe.

  • Same-sex marriages

Even though the opinion on interfaith couples s divided, same sex marriages are more or less uniformly not religiously supported. The ceremony of Anand Karaj is between a Sikh man and a Sikh woman. Thus, even though same-sex marriages may be permitted in western countries like Canada, they are not religiously supported and thus may remain a civil union not supported by the community. 

A month after a same-sex marriage was celebrated in a gurdwara in Punjab’s Bathinda, the Akal Takht on Monday “blacklisted” for five years the Sikh priests and ragis (gurbani exponents) who assisted in the Anand Karaj (wedding ceremony). The Akal Takht — the highest temporal seat for Sikhs — also forbade all members of the management committee of Gurdwara Kalgidhar Sahib from holding any position in any other gurdwara or Sikh religious entity. Such a reaction clarifies the outlook towards such marriages, be it in India or abroad.

 

Solution: Seeking Legal Advice

Legal complexities surrounding Sikh marriages abroad can be overwhelming. It is essential to seek legal counsel from experts specialized in international marriage laws. Consulting with professionals familiar with documentation and legal formalities is crucial to avoid any potential legal obstacles and ensure a successful outcome for your marriage abroad.

 

Conclusion

In conclusion, Sikh marriages abroad face many legal challenges in terms of recognition and protection. Understanding the significance of Anand Karaj and the traditional Sikh wedding ceremony is crucial in navigating the legal requirements and documentation necessary for conducting Sikh marriages outside of India.

Despite the varying international marriage laws and legal obstacles faced by Sikh couples abroad, seeking legal advice and guidance can help them overcome these challenges.

It is also essential to raise awareness and advocate for the legal recognition and protection of Sikh marriages abroad. Various Sikh organizations and community initiatives offer support and resources to couples facing legal challenges in their marriages abroad.

Additionally, through case studies and success stories, we see that with perseverance and legal counsel, Sikh couples have overcome legal challenges and achieved recognition for their marriages abroad.

Ultimately, preserving Sikh cultural traditions and maintaining a strong Sikh identity is crucial, even in the face of legal challenges. Continued efforts are necessary to ensure the legal recognition and protection of Sikh marriages abroad.

 

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