MARRIAGE REGISTRATION IN INDIA

MARRIAGE REGISTRATION IN INDIA

One can register their marriage either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954.

A marriage registration certificate is a legal documentary proof of the individual’s marital status. In the year 2006, Supreme Court of India has made it mandatory to register every marriage in India. 

The individuals who are Hindu by religion can make the application for registration of their marriage under the Hindu Marriage Act, 1955. Whereas, all the citizens of India irrespective of their caste or religion can register their marriage under the Special Marriage Act, 1954. 

The already solemnized marriages get registered under the Hindu Marriage Act. The individual gets solemnization of a marriage as well as registration of marriage under the Special Marriage Act. This process is done by the officer of the marriage registrar. The minimum eligible age for getting married in India is:

For Male – 21 years and  For Females – 18 years. 
 

The requisite documents, procedure, fees, and the time involved in obtaining the marriage registration certificate will vary from state to state.
 

Hindu Marriage Act, 1955

The Hindu Marriage Act is applicable to those marriages where both the parties’ i.e the husband and the wife belongs to the following religions:

Hindu

Sikhs

Buddhist

Jain

Even this Act is applicable to them who have converted themselves into the above-mentioned religions. The already solemnized marriages get registered under the Hindu Marriage Act
 

Special Marriage Act, 1954

Individuals belonging to any religion can get their marriage registered under the Special Marriage Act. Even the inter-religion marriage and the marriage of NRI’s can also be registered under this Act.

The individual gets solemnization of a marriage as well as registration of marriage under the Special Marriage Act. This process is done by the officer of the marriage registrar
 

Purpose of Marriage Registration Certificate

A Marriage Registration Certificate is a legal documentary proof which establishes the marital status of the couple. It is a vital and significant document through which one can establish the proof that they are legally married to someone. Marriage Registration Certificate is also considered as one of the most important documents for the following purposes:

  1. For obtaining the passport
  2. For opening a bank account
  3. To change the surname of the spouse
  4. For obtaining income certificate
  5. For visa
  6. In case of divorce
  7. In case of child custody, etc.
     

There are various purposes for which the marriage registration certificate is considered as a vital document. Basically, a marriage registration certificate is considered as conclusive proof of marriage between two individuals.
 

Documents Required for Marriage Registration

The following are the mandatory documents for registration of a marriage:

  1. Proof of Address such as voter Id or ration card or passport or driving license of both husband and wife
  2. Identity Proof such as PAN Card, passport, etc. of both husband and wife.
  3. Date of Birth proof of both husband and wife
  4. Two copies of passport-sized photographs
  5. As per the prescribed format, a copy separate marriage affidavits from both Husband & Wife
  6. Wedding invitation card
  7. Aadhaar Card

Note: All the above-mentioned documents must be self-attested.
 

Witness

Any person who has attended the marriage ceremony can be a witness to your marriage. Identity proof, residential proof and proof of date of birth any two witnesses is also required for obtaining the marriage registration certificate.

For marriage registration, the applicant will need at least 2 witnesses to validate the ceremony.
 

Process of Marriage Registration

Marriages have to be registered under the District magistrate under whose jurisdictions the wedding took place. The applicant either has to visit the district magistrate office or they can apply online for the same. But the online registration facility is applicable in only a few states and most of the states still follow the offline procedure.
 

I.  Offline process
 

A.  Under the Hindu Marriage Act, 1955

An application form has to be filled and must be signed by both husband and wife. In the application form, details of two witnesses should also be provided. This form along with the requisite documents as mentioned above has to be submitted at the Magistrate office.

After properly verifying the submitted documents, the couple will be allotted an appointment date. It is compulsory for the couple to appear before the Sub-District Magistrate along with the concerned officer who has attended their wedding and has to sign in the marriage register. On the same day, the marriage certificate will be issued to the couple.
 

B.  Under the Special Marriage Act, 1954

In case of the Special Marriage Act, after submitting the application form along with the requisite documents to the office of the Magistrate, a 30-day notice period will be issued for inviting any objections. The notice copy will be displayed on the notice board of the concerned magistrate office.

The notice will also be sent to both husband and wife. If no objection received within the given time limit of 30 days, then the Concerned Magistrate will issue the marriage registration certificate to the couple. The couple along with the witnesses has to be physically present on the day of registration.
 

II.  Online Marriage Registration process
 

By simply visiting the concerned state’s marriage registration website, one can register their marriage by simply following the given steps:

Step 1:  At first you have to select your district

Step 2:  A registration page will open where you have to provide the following:

i. Details regarding husband such as name, age, place of birth, address, etc.
ii. Details regarding wife such as name, age, place of birth, address, etc.
iii. Details regarding the place of marriage such as name of the wedding venue, address, etc

After filling the above details and attaching the requisite documents along with it, the applicant has to submit the same.

Step 3:  Then after submission of the registration form, the applicant will receive an acknowledgment receipt with application number and date of appointment with the concerned Sub-Divisional Magistrate.
On the said date of appointment, the applicant has to visit the magistrate office along with all the requisite document and the acknowledgment receipt and application number.

After verifying the documents, the magistrate will issue the marriage registration certificate. The applicant has to pay prescribed fees for the same. The witnesses will also visit the magistrate office along with the concerned parties.
 

Frequently Asked Question's (FAQ’s)
 

In which year marriage registration became mandatory?

In the year 2006, Supreme Court of India has made it mandatory to register every marriage in India. 
 

What is the purpose of the marriage registration certificate?

A Marriage Registration Certificate is a legal documentary proof which establishes the marital status of the couple. It is a vital and significant document through which one can establish the proof that they are legally married to someone. Marriage Registration Certificate is also considered as one of the most important documents for the following purposes:

  1. For obtaining the passport
  2. For opening a bank account
  3. To change the surname of the spouse
  4. For obtaining income certificate
  5. For visa
  6. In case of divorce
  7. In case of child custody, etc.
     

There are various purposes for which the marriage registration certificate is considered as a vital document. Basically, a marriage registration certificate is considered as conclusive proof of marriage between two individuals.
 

What is the Hindu Marriage Act, 1955?

The Hindu Marriage Act is applicable to those marriages where both the parties i.e the husband and the wife belongs to the following religions:

  • Hindu
  • Sikhs
  • Buddhist
  • Jain
     

Even this Act is applicable to them who have converted themselves into the above-mentioned religions. The already solemnized marriages get registered under the Hindu Marriage Act. 
 

What is the Special Marriage Act, 1954?

Individuals belonging to any religion can get their marriage registered under the Special Marriage Act. Even the inter-religion marriage and the marriage of NRI’s can also be registered under this Act.

The individual gets solemnization of a marriage as well as registration of marriage under the Special Marriage Act. This process is done by the officer of the marriage registrar
 

What is the eligible age to get married in India?

The minimum eligible age for getting married in India is:

For Male – 21 years

For Females – 18 years. 
 

What are the mandatory documents for marriage registration?

The following are the mandatory documents for registration of a marriage:

  1. Proof of Address such as voter Id or ration card or passport or driving license of both husband and wife
  2. Identity Proof such as PAN Card, passport, etc. of both husband and wife.
  3. Date of Birth proof of both husband and wife
  4. Two copies of passport-sized photographs
  5. As per the prescribed format, a copy separate marriage affidavits from both Husband & Wife
  6. Wedding invitation card
  7. Aadhaar Card
     

Note: All the above-mentioned documents must be self-attested.
 

What are the documents considered as proof of identity?

The following documents are considered as proof of identity:

  1. PAN Card
  2. Passport
  3. Voter Id 
  4. Aadhaar Card, etc.
     
What are the essential documents can be submitted as proof of date birth?

The following are the essential documents that can be submitted as a proof of date of birth:

  1. Birth Certificate as issued by the Registrar of Births and Deaths or the Municipal Corporation or any other concerned authority empowered under the Registration of Birth and Deaths Act, 1969.
  2. PAN Card
  3. Aadhaar Card
  4. Transfer or Certificate of Matriculation or School leaving Certificate as issued by the school last attended or any recognized educational board,
  5. Voter Id Card etc.
     
What documents are considered as proof of address?

The following documents are considered as proof of address:

  1. Voter Id
  2. Bank Statement
  3. Ration Card
  4. Driving License 
  5. House tax receipt, etc.
     

Conclusion

It is advisable to register your marriage and obtain the certificate for the same in order to make its validity legal.
 

Edited by Minu Mishra
 

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