Marriage Registration
Marriage certificate is a document declaring the man and the woman as husband and wife in legal terms. In India, marriage registration is done under the Hindu Marriage Act 1955 or under the Special Marriage Act 1954.
The Honourable Supreme Court of India in 2006 made it compulsory for couples to get their marriage registered in order to make it legal.
Use of marriage certificate
Marriage certificate is very useful in case the couple wants to separate. When you file for a divorce in court, you must produce a marriage certificate among other documents.
Marriage certificate also is useful in making the insurance claim in case one spouse dies.
In India, you can register your marriage online and offline.
Steps for Online marriage registration
Nowadays, couples prefer to register their marriage online because of the convenience and time-saving option it offers.
Following are the steps:
- Visit the official website of the government
- Look for the marriage registration form
- Fill the form
- Submit the form
Once you submit the form, the marriage registrar will call you on a particular date and time. Under the Hindu Marriage Act 1955, the registrar is supposed to provide you a date within 15-30 days after you submit the form. Under the Special Marriage Act 1954, it is 60 days.
It is mandatory for the couple to be present on the mentioned date and time at the office of the marriage registrar with all the required documents.
Documents required for marriage registration
The list of documents required for marriage registration may slightly differ from one state to another; but largely they are the same. Here is a list of standard documents required in all states of India:
- Application form, which has the signature of both the husband and the wife.
- Proof of birth. Age of husband should be 21 and the wife should be 18 (applicable under both Acts).
- Proof of residence. You can produce voter ID, PAN card, Aadhar card, Ration card, or electricity bill, or LPG cylinder connection document, or any other that shows your relevant address.
- If the marriage took place in a religious institution, then you must produce a certificate from the institution.
- Two passport size photographs of the husband and the wife, plus a photo of the marriage ceremony and invitation card (if the marriage is already done).
- Affirmation from both parties that they are not related to and are not in any prohibited relationship as per the decree, as mentioned under both Marriage Acts.
- In case husband or wife is a divorcee, an attested copy of the divorce decree.
- In case husband or wife is a widower or widow respectively, an attested copy of their spouse’s death certificate.
- An affidavit that states the place, date, and time of marriage and nationality and marital status of both parties.
- Two witnesses from both sides must be present in the office of registrar.
- In case marriage is already done, two attendees of the wedding ceremony must be present in the office of the registrar as witnesses.
The couple must submit Rs. 100/- for marriage registration under Hindu Marriage Act 1955 and Rs. 150/- for marriage registration under Special Marriage Act 1954 to the district cashier and produce the receipt of this payment.
Steps for offline marriage registration
Nowadays, couples prefer to register their marriage online because of the convenience and time-saving option it offers.
Under the Hindu Marriage Act, 1955:
The couple must visit the office of the sub-registrar under the jurisdiction of whom one of the spouses is living for more than 6 months.
Under the Special Marriage Act 1954
Couples of all religions can register their marriage under the Special Marriage Act 1954. The couple must send a notice 30 days in advance to the sub registrar under the jurisdiction of whom any of the spouse is residing. Thereafter, the registrar puts up a notice on board regarding the marriage. The notice is kept for 30 days and, if within this time period there is no objection to the marriage, the registrar then registers the marriage of the couple.
Benefits to choose service
Online Legal Service has lawyers that will help you in marriage registration. Although online registration is easy, yet it can be helpful to have a lawyer by your side so that you fill the form correctly and ensure all the legal proceedings are done properly.
Frequently Asked Questions (FAQs)
An Indian can marry a foreigner in India under the Special Marriage Act, 1954. If the Indian wants to marry the foreigner outside India, then he/she can do so under the Foreign Marriage Act, 1969.
Yes. As per the Non-Resident Indian Bill, which was passed by the Parliament of India in 2019, it is mandatory for NRIs to register their marriage in India irrespective of whether they married in India or abroad. Marriage registration should be done within 30 days of the date of marriage.
If an NRI couple fails to register their marriage in India, the following steps can be taken:
- Their passport can be seized by the passport authority
- They can be summoned for legal proceedings under the Code of Criminal Procedure 1973. If they don’t appear, they will be issued a warrant for arrest.
- If the couple is settled outside India and they married in the foreign country where they reside, they must register their marriage through the diplomatic officers of the country.
Yes, it is valid. In India, a large number of Hindu marriages are unregistered still. Marriage registration is compulsory only now when the Honourable Supreme Court of India has issued new guidelines. Before, it was not compulsory and maybe the previous generation couples hardly have their marriages registered. Marriage that is done under Hindu rites and social norms will always be regarded valid. However, it is better for the new generation couples to follow the court’s ruling and get their marriage registered.
Yes. Marriage registration is not necessary to file for divorce. If the marriage took place under proper ceremony, then it is valid and the couple can file for divorce.