Legal AdviceMarriage

4 steps to apply for a Marriage Certificate in India

Persons who are about to get married and register for the marriage certificates have to follow certain steps to get the certificates. People who are already married and want the certificate can follow similar steps.

Marriage is a common social construct in almost all the societies known. Whether modern or traditional, marriage remains the basic construct over which society survives. However, complexities in today’s life have also raised the complexities in legal premises. This is why a marriage registration certificate is mandatory for everyone. It is important for all the joint ventures between the couples like leasing or buying the house, opening joint accounts or business ventures etc., marriage certificates secure the rights of the persons entering the wedlock and the consequent generations. Since this certificate is very important for many reasons, the process is comparatively technical and takes a considerable time to receive. This step is taken to ensure accuracy and fraudulence avoidance in the process.

What Are the Legal Provisions for Acquiring the Marriage Certificate?

Marriages in India come under personal law or civil law. They can be registered under the Hindu marriages act of 1955 or the Special Marriage Act of 1954. Since marriage is registered under the premises of the state, there are usually state-specific rules or laws which also govern the registration of the marriage. The Supreme court in 2006 made acquiring marriage certificates mandatory for all marriages in India.

4 steps to apply for a marriage certificate in India

A marriage certificate declares the persons are entering the process. There are 4 steps in acquiring a marriage certificate.

Step 1 – Online registration for a marriage certificate.

The online registration Method of Marriage licensing has been available since 2010, with the arrival of the digital revolution in India. Thie methodology has come in handy for the people in the covid times to avoid the long queues. It saves time and troubles less compared to the previous methods of registering. The following steps are usually followed in the process of online registration.

  • Open the applicants’ home state government website, which can be either the people’s native or residential state.
  • Browse the website for the marriage registration site
  • Fill in the needed details asked for in the form.
  • Add the documents and additional requirements given on the page.
  • Submit it once filed.

Since most documents are kept in digital documents today, this methodology is much easier than the traditional registration process. After the registration via online mode, the marriage registrar will do the physical cross-checking with the persons to ensure there is no fraudulence involved in the process.

However, it must be noted that the date and time given by the marriage registrar are usually 15 to 30 days after the form submission. This might take nearly 60 days for the marriages under the special marriages act of 1954.

Step 2 – Offline registration for a marriage certificate

This process differs for different marriages conducted under different acts. The traditional marriages in religious ceremony setup coming under the Hindu marriages act of 1955 have a different methodology while the one under special marriages act has a different methodology.

The Hindu Marriage Act, 1955 

This act is available only for marriages between practicing Hindus. Both the people entering wedlock should be Hindu. Hindu is a term that legally includes other religions like Sikhs, Jains and Buddhists, and the people following Hinduism. This registration can be done before the marriage or even after the solemnization of the marriage.

In this scenario, the spouses are also asked to visit the sub registrar’s office after the marriage process. The marriage can be solemnized by the customs and rituals of the Hindu marriage of either party or both.

The Special Marriage Act, 1954

Marriages conducted irrespective of religion or without religious ceremonies come under the special marriages act of 1954. The persons can belong to any faith. Even a citizen can marry a foreigner under the given act. However, a 30 days notice is required in case of special marriage under this act to the sub-registrar in whose location the partners reside.

After the registration: https://services.india.gov.in/service/detail/online-application-of-marriage-certificate, the announcement of the marriage is put on notice for 30 days, and then the marriage gets registered. The sub-registrar also keeps a copy for further evaluation.

Step 3 – Submission of Required Documents.

Documents are mandatory for any marriage process within the country. This is because a Marriage Certificate India is one of the most important legal certificates the person is supposed to carry. The requirements of the document may vary according to the state government rules. However, the variation is very limited. All the documents should be submitted in the form of photocopies. The photocopies should be cross-checked and signed by the gazette officer at the time of submission.

Required documents include:

  • Application is properly filled and signed by the husband and the wife or the prospective spouses.
  • A document of residence proof or citizenship certificate. It can be in the form of voter id, ration card, etc.
  • Age proof of both the parties – this can be in the form of birth certificate, matriculation SSLC certificates or passport. The age prescription is the same for both the Hindu and special marriages act of 1954.
  • Rs 100 if registered under the Hindu marriage act and 150 for special marriages. The receipt of payment should be attached with the submitted form.
  • The invitation and photograph of the wedding if the marriage is already solemnized. Even the people registering previously can submit the invitation card if available.
  • If any person marrying is a divorcee, the divorce finalization copy from the court must be submitted.
  • If any person marrying is a widow or a widower, then the death certificate of the spouses must be submitted.
  • Two passport-size photos of the individuals marrying and an affidavit of the person who attended the wedding are required if the marriage is solemnized.

Step 4- Physical evaluation in the sub-registrar office

After submitting all the required documents, the person marrying must attend the sub registrar’s office with all the original certificates. If the sub-registrar is convinced with the given documents and affidavits, he will approve and grant the certificate. At least two persons who attended the wedding must be present along with the bride and the groom. In the case of the special marriage act marriages, the registrar also checks for additional provisions like no objection certificates and other formalities.

In the digital era, the acquisition of the marriage certificate is very simple compared to before. However, the persons who need such certificates often lack the procedural idea of the same. Sometimes they even fall into the trap of the touts and corruption due to misinformation. This blog is to help them understand the process simple and do it with ease.

If you need more help regarding the marriage certification process contact us at  Vakilsearch.

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