Marriage Registration

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Marriage Registration

In 2006, The Supreme Court of India has made it mandatory to register all marriages. Most people don’t know the exact process of getting a marriage registered in our country. Whereas, everybody should be well educated on how to register for marriage, under different situations and what are the different categories that marriages are considered in our law and order.

In India, a marriage can either be registered under

  • The Hindu Marriage Act, 1955 or
  • The Special Marriage Act, 1954.

The Hindu Marriage Act applies to Hindus, whereas the Special Marriage Act applies to all citizens of India irrespective of their religion. The Hindu Marriage Act provides for registration of an already solemnized marriage and does not provide for solemnization of a marriage by a Marriage Registrar. However, the Special Marriage Act provides for solemnization of a marriage as well as registration by a Marriage Officer.

Eligibility for Marriage in India

  • To be eligible for marriage in India, the minimum age is 21 years for males and 18 years for females. The register marriage process is applicable only for the above-mentioned age for men and women.
  • The UID Number i.e. Aadhar Card is a crucial document required to register a marriage in India and thus if the Aadhar card is unavailable for any of the bride, groom or the witness, the marriage certificate application might get rejected. So it is highly advisable to apply for the Aadhar card before the Marriage registration process is initiated.

Conditions for Legally Valid Hindu Marriage

  • No living spouse at the time of the marriage;
  • Capable of giving a valid consent/no unsoundness of mind;
  • Not suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children;
  • Not effected to recurrent attacks of insanity or epilepsy.
  • The bridegroom who has completed the age of 21 years and the bride the age of 18 years at the time of marriage,
  • The parties not to be within the degrees of prohibited relationship

The parties are not sapping of each other, unless the custom governing each of them permits of a marriage between the two

Prohibited Relationships

Two persons are said to be covered under the degrees of prohibited relationship if.

  • One of the party is the lineal ascendant of the other;
  • If one of the party was the wife or husband of lineal ascendant or descendant of the other;
  • If one of the party was wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other,
  • If the two are in relation as brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.

Punishment:

A marriage solemnized between the parties within the degrees of prohibited relationship is considered null and void and the parties are liable to be punished with simple imprisonment for a period of one month or fine of Rs. 10000/- or with both.

Benefits of Marriage Registration in India

Following are few of the benefits of marriage registration in India:

  • Last Name

Marriage registration acts as a proof of change of a party’s last name.

  • Women Security

Marriage registration bars men from leaving their wives post marriage. They are bound to take care of their wives else they may be entitled to pay alimony or undergo stern legal procedure.

  • Prevents Bigamy:

Marriage registration prevents the husbands from indulging in bigamy or polygamy in the places or religions where it is considered illegal.

  • Legitimacy of Child:

It may come handy in case there are issues related to the legitimacy of your child.

  • Divorce

Marriage certificate is required by the attorney in cases related to the alimony, custody of children and other divorce proceedings.

  • Property Matters

It helps the widow/ widower in inheriting the property of his/ her deceased spouse.

  • Settling Abroad

In case, a person gets a job abroad and wants to take his/ her spouse along then a marriage certificate is required to prove their relationship. This law is very stringent and there is no way you can get through without marriage registration.

  • Socially Acceptable

Registering your marriage can aid in preventing child marriages as the certificate requires to state the age of the candidates along with the proof.

Documents Requirement

The documents requirement might differ from state to state, however the following documents are standard and are mandatorily required:

  • An application form or a Memorandum of marriage duly signed by the husband and wife.
  • Documentary evidence for proof of date of birth of both the parties. Age, under both the Hindu Marriage Act and the Special Marriage Act, is 21 years for males and 18 years for the female. This document may be in the form of a matriculation certificate/passport/birth certificate.
  • The residence proof of the husband and wife (Ration Card, Aadhar Card, Election Voter Id, PAN Card, or bills like Electricity Bill, etc.)
  • Two passport size photographs of both the parties and one marriage photograph.
  • Marriage invitation card.
  • If the marriage was performed at a religious place, a certificate from the priest is needed to solemnize the marriage.
  • The parties are required to give an affirmation that they are not related and that they do not fall within the degree of prohibited relationship, as laid down under the Hindu Marriage Act 1955 and the Special Marriage Act, 1955.
  • An attested copy of the divorce decree/order in case of a divorcee and the death certificate of the spouse in case of a widow/widower.
  • If one of the parties belongs to other than Hindu, Jain, Buddhist and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act) will be required.
  • An affidavit by both the parties stating the place and the date of marriage, date of birth, marital status at the time of marriage and nationality.

Important to Note:

Marriage under The Hindu Marriage Act, 1955 can be valid only if both the parties are Hindus, Buddhists, Jains or Sikhs or, where they have converted into any of these religions and fulfill the conditions provided under Section 5 and Section 7 of The Hindu Marriage Act, 1955. If one of the parties is a Christian or Muslim, the marriage will not be considered as valid Hindu marriage. It was held in the case of “M. Vijayakumari vs. K. Devabalan” that:

“A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act, marriage can be solemnized between two Hindus only.”

Registration Process

You must follow the below-mentioned procedures to apply for a marriage certificate in India.

  1. You must apply for the marriage certificate at the office of the Sub-Divisional Magistrate in whose jurisdiction you and your partner reside.
  2. You will be asked to fill the application form which is duly signed by you and your partner.
  3. After you submit all the documents along with the application form, it will be verified by the Magistrate’s office. Once the documents are verified, they will inform you of the date on which registration is carried out.
  4. On the registration date, both parties, along with a Gazetted Officer who attended the wedding, need to be present before the ADM. Marriage certificate would be issued on the same day.

What Are the Services Registration SEVA Offers for Marriage Registration?

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for Marriage registration.
  • We have expertise in preparing to file application for marriage registration and getting your documents verified.
  • Free consultation for any enquiry that you may have about Marriage Registration
  • An online application will be made by us and duly submitted.
  • We shall inform you of the date and time when your physical appearance will be required at the Registrar’s office.
  • You will get your Marriage Registration Certificate without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related Marriage Registration and much more.

To avail any of the above-stated services, kindly establish contact by posting a query at our site.

FAQ

 

1. My Marriage Got Solemnized inUttarakhand, Can I Registered the Same in Delhi?

Yes, the marriage solemnized in different state can be registered in other state too. Post query at our site, we will contact you and will get your marriage registered without any hustle.

2. Me and My Girlfriend Are Major and Want to Get Married and Register Our Marriage. But Our Parents Are Not Ready for The Marriage, Can We Register the Marriage?

Yes, the marriage can be solemnized and registered between both the parties if both are major and competent.

3. I Am Hindu but My Wife Is Christian. Marriage Is Solemnized as Per Customs of Hindu Marriage. SO Can I Get My Marriage Registered Under Hindu Marriage Act?

No, marriage between parties of different religions can be solemnized and registered under Special Marriage Act.

4. What Is the Minimum Age Requirement to Go for Court Marriage?

Boy must have completed 21 years and girl 18 years of age to get their marriage solemnized.

5. Can I Get Marriage Certificate On the Same Day?

Yes, you can apply for the same by tatkal and will get certificate the same day.

6. Why to Get Marriage Registration Through Registration SEVA?

Registration SEVA is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India.