In this article, you will learn about the process of application for a marriage certificate through the Tatkal service in New Delhi, India.
Marriage, a universally well-adapted institution, often needs to be legally solemnized in various parts of the world, and likewise in India. Two people, tying the knot with each other through customary rites of the religion they practise, are to be legally drafted and registered with the government of the country, to be each other’s spouses lawfully. Registering marriages has surely been a product of the evolution of society and their drafting becomes necessary for many different purposes such as applying for a residency permit in a different country, visas for travelling to foreign countries together on spouse certificates, for bank home loans and for holding joint account purposes.
Marriage Act and Registration Under Normal Conditions
Owing to the myriad of vital differences in the major religions practised in the country, and the need to maintain their sanctity through the laws prevailing by the virtue of the country’s laws, one marriage act could not suffice. India has broadly divided its marriage law spectrum into four broad categories:
- Hindu Marriage Act: The general outline of the Hindu Marriage Act of 1955, is about the free-willing consent of both the spouses to a Hindu marriage, where the age specified for marriage for men is 21 whereas for women it is 18. It ensures the mental integrity of the two individuals in order to be considered spouses under law. Any amount of coercion observed can render the marriage null and void. It also ensures that the two individuals aren’t related to each other as Sapindas. Polygamous marriages are considered void too. The government charges a fee of a hundred rupees for facilitating the application.
- Special Marriage Act: The Special Marriage Act of 1954: https://legislative.gov.in/sites/default/files/A1954-43_1.pdf, ensures and safeguards the interests of the individuals solemnized as lawful spouses through marriage. Such people could be practising any religion, or Indian nationals residing in any country (regardless of the faith they practise). Their notice period to the Registrar from marriage under the Special Marriage Act is 30 days. Both marrying individuals should have to appear in court to sign the documents hence along with three witnesses. The government charges a fee of one hundred and fifty rupees for the application.
- Indian Christian Marriage Act: This act was enforced in 1872. It was to solemnize the civil marriage of one or both Christians, pronounced by or in the presence of a marriage registrar, appointed under this act. It applies uniformly all over India, except Cochin or Jammu and Kashmir. In the declaration made before the issuing of the marriage certificate, it is ensured that between both parties, neither one of them is a minor and both have consented to the marriage. The marriage is also considered void if it isn’t done within two months of issuing that certificate.
- Muslim Marriage Act: This act was made a part of the Indian Legal System in 1954, keeping in mind the quintessential differences in marriages and their processes, pertaining to the religion. The marriage is solemnised after the proposal from one side and acceptance by the other, and the individuals involved in the marriage confirm the same in a ‘Nikah’, in clear and affirming words. The individuals involved in marriage are bound by the laws of Islam, where they should have both attained puberty, they are consenting to the marriage and it takes place in the presence of two or more witnesses.
Significance of Issuing the Marriage Certificate
The marriage certificate declares the two married individuals as partners under law, it withholds in it the date, time and place of marriage and is signed by the priest and both spouses, legitimising the same. This can be done in a Court marriage system or after the traditional marriage system. The couple is expected to file a notice with both their respective district marriage registrars or at least where one of them has resided for a period of 30 days. The registrar can object or question the couple in question if required. After 30 days since the notice has been filed, the marriage can be proceeded with, in the event of no objection. Online and other digitized services of the same haven’t gained as much ground or been made available in major cities and states like Chennai or Mumbai, nonetheless in Delhi, one can file a notice online, to issue a marriage certificate.
Additionally, obtaining a marriage certificate can help the two people to travel abroad together, if one of the spouses works outside of India, then a marriage certificate allows them to travel as partners. These certificates also provide for easier visas for holidays, joint house loans and bank accounts, safeguard rights of and after the dissolution of marriage by one or both parties, and a valid proof needed in the case of remarriage too.
How to File a Notice, Documents Needed
- Notice is filed at the Sub-divisional Magistrate (SDM) and signed by the partners
- The documents are verified by the registrar
- The day of issue of the marriage certificate is decided and then conveyed to the people involved in the marriage, partners and witnesses
- On the day of the issuing of the certificate, post the 30 days-period, both individuals must be present before the ADM.
- It’s compulsory to bring two witnesses along.
Documents Needed
- Identity proof of both spouses is needed: PAN card, Aadhar Card, Driver’s Licence, Ration Card, Passport etc. (any document that the government deems valid as an identity proof of the citizenship or nationality of the individual)
- Birth Certificate- for both members of the marriage- each will have to produce their legal date of birth documents in front of the registrar in court marriage. (School certificate, hospital report/bill, Aadhar, PAN, Passport, any such document)
- Address proof of both spouses is required through government-approved documents
- Identity proofs of witnesses are also necessary (similar records can be produced, as of the marrying couple like Aadhar etc)
- The advocate should file the application in the pre-determined and official format
- The couple should carry coloured photographs of themselves two (minimum 2)
- The marriage card and marriage photograph should be attached to the affidavits placed together with them by the advocate.
Tatkal Marriage Certificate
Post the rituals, the pomp and show and party, marriage is about some serious and meticulously done paperwork. Sometimes, owing to the fast-moving world we live in, or due to unforeseeable contingencies such as immediate workplace transfer, the partners may not have the time and cannot afford to wait as long as 30 days to issue the marriage certificates and hence decide to apply for a Tatkal Marriage certificate. This helps the couple to issue a high-priority marriage certificate within 24 hours, by the Revenue Department in Delhi. The whole process might take up to 3 working days but is fairly quicker than the usual, true to its name. To register a marriage and issue its tatkal certificate has been assigned a fee of rupees ten thousand. (₹10,000). For more details about Tatkal Marriage registration.
How to Apply for Tatkal Marriage Certificate
The requirements of issuing a tatkal Marriage certificate Online are not any different from normal registration. ID proofs for name, birth date, address, and certain important documents for referral, such as Passport, Driver’s Licence, Aadhar etc. should be produced, along with in-size photographs of each of the partners. The witnesses should bear on them, their identity proofs as well. Its imperative for the process to draft each of these details in quick notice too, nothing is left behind or done differently than the usual registration process except for the time duration. On visiting the SDM’s office, with appropriately signed affidavits and proofs of citizenship and marriage (time/ place/ date) details, both partners’ presence is absolutely necessary. Subsequently, after paying the application fee and other signatures, the certificate is uploaded digitally on the e-district ID within 24 hours.
Conclusion
Nuptials are both a personal milestone and can bring about significant change for the newly-wedded partners, on societal/ governmental matters. In India, marriages, irrespective of caste, class, or creed, are to be officially solemnised and registered, for them to be kept in a record census, and yield the benefits for the couple in question. Tatkal Marriage Certificate is a very helpful measure that was rendered functional on April 22nd and was facilitated by the Revenue Department, Delhi for immediate issuing of Certificates of marriage. It enables a couple to handle multiple aspects of life at once, and not at the cost of another, making the process easier, less time-consuming and hassle-free. For more queries Contact our except from Vakilsearch
Read more,
