• LAWGIC STRATUM

MARRIAGE REGISTRATION PROCEDURE IN INDIA

Author: Rajamathangi



Marriage is considered a sacred bond between two people who agree to spend the rest of their lives together in India. So in a country where people of different religions and cultures co-exist, there are a few laws regarding the registration of marriages in India. For legalizing the marriage after the necessary ceremonies are performed some rules and regulations are to be followed.


In the present times, marriage can be registered under two legislations in India. They are:

a. Hindu Marriage Act, 1955

b. Special Marriage Act, 1954

HINDU MARRIAGE ACT,1955


Marriage registration under the Hindu Marriage Act,1995 is carried out for those parties who are both Hindus, Jain, Sikhs, or Buddhists or converted to any of these religions and the marriage ceremony has been solemnized. Under this Act, certain conditions as given under Sec.5 and Sec.7 needs to have adhered to for the marriage to be considered legal. They are that both the parties should be Hindus[1], should be in a monogamous relationship with the other party, and should not be within the decrees of prohibited relationship. The marriage is solemnized when the customary rites and ceremonies of either party are duly complied with. In the instance of Kanwal Ram vs. Himachal Pradesh Administration1966 AIR 614, 1966 SCR (1) 539[2], it was held that marriage is not validated until the ceremonies are duly performed.


SPECIAL MARRIAGE ACT,1954


Special Marriage Act, 1954 lays down the procedure for solemnization and registration of marriage of parties who are not Hindus, Jain, Sikhs, or Buddhists. Conditions similar to those under the Hindu Marriage Act,1955 are given under Sec.4 of Special Marriage Act,1954. This Act provides an alternative for Hindu Marriage Act for Hindus, Jain, Sikhs, or Buddhists.


Documents Required for registration:


Ø Thoroughly filled application form by both the husband and wife.

Ø Proof of address of both parties

Ø Proof of birth of both parties

Ø In the case of the Special Marriage Act, documentary evidence regarding the stay in Delhi of the parties for more than 30 days

Ø Affirmation that the parties do not belong to the prohibited degree of relationship

Ø If one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage

Ø If either party is a divorcee or a widow/widower, attested copy of divorce decree/order or death certificate.

Ø In case one of the parties is a foreign national, no objection certificate/Marital Status certificate from the concerned embassy and the documents excluding receipt should be attested by a Gazetted Officer.

Ø 2 passport size photos and 1 marriage photo

Ø Separate marriage affidavits by both the husband and the wife in the prescribed format.

Ø Aadhar card of both parties

Ø Marriage invitation card.


[All the documents must be self-attested]


In case of court marriage:


Ø An affidavit attested by Magistrate or Notary Public with registration no.

Ø Proof of birth

Ø Proof of address

Ø 7 passport size photos of both parties

Ø 2 witnesses with photo id

Ø If either party is a divorcee or a widow/widower, attested copy of divorce decree/order or death certificate.

Ø In case one of the parties is a foreign national, no objection certificate/marital Status certificate



PROCEDURE FOR REGISTRATION OF MARRIAGE


Marriage can be registered both online and offline in India.


A. OFFLINE REGISTRATION:

UNDER HINDU MARRIAGE ACT, 1955


On the day of application, the documents are verified and a day is fixed and communicated to the parties for registration.

On the day of registration, both the parties along with a Gazetted Officer, who was present at their wedding must appear before the Sub-division magistrate and the certificate is issued on the same day.


UNDER SPECIAL MARRIAGE ACT, 1954


On the given day, both the parties must be present for the submission of documents, and a public notice inviting objections is issued and is put up on the notice board of the office and is also sent to the parties by registered post in the given address. After 30 days of issuing notice, registration is done after deciding on any objections that might have been received during those days by the Subdivision magistrate. Three witnesses along with both the parties must be present on this day.


Fees:

o Rs.100 under HINDU MARRIAGE ACT, 1955

o Rs.150 under SPECIAL MARRIAGE ACT, 1954


Tatkal Marriage Registration


This was introduced in 2014 where marriage registration can be done in a single day. On the payment of Rs. 10,000 as fees, marriage registration can be done under 24 hours.


B. ONLINE REGISTRATION:

Instead of appearing before the Subdivision magistrate for submission of documents and fee payment, these can be done online through the designated website for each state. The parties only need to go to the office of the Subdivision magistrate on the date of registration.


REGISTRATION OF MARRIAGE IN SPECIAL CASES

If the parties belong to Christianity, Parsi religion, Sikhism, Islam, etc and have not married as under the Special Marriage Act, 1954[3], the can register their marriage under:


  • The Indian Christian Marriage Act, 1872[4], under Part IV deals with marriage registration performed under this Act and the registrar who was present at the marriage ceremony registers the marriage.

  • Marriage under Parsi Marriage Act can be registered in the Office of the District Registrar under whose jurisdiction the marriage takes place.

  • Sikh marriage can be registered under Anand Marriage (Amendment) Act, 2012 if it takes place in a recognized Gurudwara and notarized affidavits by both parties are submitted and all the rules and regulations are duly followed.

  • Muslim marriage can be registered under the Shariat Application Act, 1937 and the Kazi who has performed the marriage can issue a “Nikahnama” which acts as a marriage certificate.

  • If the marriage is solemnized in Arya SamajMandir, the registrar will issue a certificate on checking the photographs, documents, and witnesses. This certificate is valid only in India.


A marriage certificate is legal proof you are married and the most vital document of marriage and is made it compulsory to register the marriage for the women protection. It also has its own benefits like an easy application of visas, claiming life insurance in unforeseen circumstances if no nominee is appointed, etc.


REFERENCES:


i. https://highcourtchd.gov.in/hclscc/subpages/pdf_files/4.pdf

ii. http://legislative.gov.in/sites/default/files/A1954-43_1.pdf

iii. https://www.oneindia.com/feature/how-to-apply-for-marriage-certificate-your-complete-guide-1552309.html [1]Sec.2(1), Hindu Marriage Act, 1955 https://advgyan.com/section-21a-of-the-hindu-marriage-act/ [2]See https://india.lawi.asia/kanwal-ram-and-ors-v-the-himachal-pradesh-admn/ [3]See https://www.indiacode.nic.in/handle/123456789/1387?sam_handle=123456789/1362 [4]See https://www.indiacode.nic.in/bitstream/123456789/2186/1/a1872-15.pdf

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