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Marriage

Laws Related to Marriage in India

Are you planning to tie the knot this wedding season? Never overlook applying for a marriage certificate online. Keep reading below to know the easy procedure.

Marriage in Indian culture is a sacred institution. It is a holy bond between two individuals, whereby they consent to spend the rest of their lives together. Amidst all the delight and wedding planning, it is essential to have the marriage officially registered in our country. So after the marriage gets solemnised between the bride and the groom, they must fulfil specific Laws Related to Marriage in India that gives their marriage a legal standing. 

What do We Mean by a Marriage Certificate?

A marriage certificate is a legal record that verifies the relationship between the bride and groom, later husband and wife. The district marriage registrar issues a valid marriage certificate after the Special or Religious Marriage Acts. Marriages in India get lawfully administered by the Hindu Marriage Act 1955 or the Special Marriage Act 1954. With effect from 2006, the Supreme Court of India made it mandatory for every Indian citizen to obtain a marriage certificate to legalise it. 

How to Apply for a Marriage Certificate? 

There are generally two ways of applying for a marriage certificate in India: online or offline. Below is a detailed overview of the procedure and requirements. 

Applying for a Marriage Certificate Online 

After the advent of technological advancements, even the marriage registration process shifted online. Now you do not have to face the hassles of standing in a long queue waiting for your turn rather than enjoying some romantic time with your partner. Moreover, applying for an Online marriage Registration is easy, and all you need to do is follow the steps below: 

  • Log on to your state’s official website.
  • Tap on the link that says marriage registration online.
  • Fill out the registration form with all the necessary information about both husband and wife.
  • Upload the required documents and click on submit.
  • Once you submit your application form, you will get a call from the marriage registrar’s office on a particular date and time.
  • Take all the records and two witnesses of your marriage for the verification process.

Applying for a Marriage Certificate Offline 

Offline marriages in India get registered under two laws: 

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

Obtaining an Offline Marriage Certificate Under The Hindu Marriage Act, 1955

  • The initial step is to submit a marriage registration application to the registrar. 
  • The marriage should get registered within thirty days of the marriage.
  • Both bride and groom must duly fill out the marriage registration form.
  • The documents that the bride and the groom must submit are two photographs of the marriage ceremony, wedding invitation, ID proof, address proof, date of birth and self-declaration (notary certified).
  • The husband and wife must sign the application form in the presence of three witnesses. 

Obtaining an Offline Marriage Certificate Under The Special Marriage Act, 1954

  • A copy of the notice gets published on the registration office’s notice board. Another copy gets delivered to the registrar in the area wherever the bride or the groom resides.
  • In case no objections are made one month after the notice circulation date, the marriage will get notarized.
  • If there arises any complaint or objection, the marriage administrator conducts an inquiry, after which the marriage is notarized.
  • On the day of the wedding solemnization, three witnesses and necessary identification records are required for the Marriage certificate to be published. The identification documents needed include the address of both parties, age proof, affidavit, marital status, passport size photographs and three witnesses for verification.

Understanding Marriage Registration Laws

In India, different marriage laws remain applicable, such as Hindu Marriage Act, Special Marriage Act, Indian Christian Marriage Act, and Muslim Personal Law (Shariat) Application Act. However, the prevailing laws are the Hindu Marriage Act and the Special Marriage Act, which we will discuss in detail. 

Hindu Marriage Act, 1955

Under the Hindu Marriage Act 1955, there are specific prerequisites that have to be complied with before it becomes valid in our country: 

  • The individuals getting married must be unmarried and not have a living partner from their last marriage.
  • The lawful age for a female is 18 years, and for a male is 21 years to get the marriage registered under the Hindu Marriage Act 1955. 
  • Peace of mind is essential for both the partners, and they must be competent to offer their consent to the marriage. 
  • The individuals getting married must be mentally qualified for the marriage and not have any mental disease. 
  • The groom and bride should not be ‘sapindas’ of each other except if it remains permitted under their religious regulations. 

The Special Marriage Act, 1954

The Special Marriage regulations usually apply to Indian citizens irrespective of their caste, religion or culture. Under provisions of the Special Marriage Act, individuals from a separate religion, community, or caste are allowed to get married, given they fulfil specific conditions that are as follows: 

  • Marriage registration in India is mandatory to solemnise a marriage under the Special Marriage Act. Furthermore, you can hire a family attorney to complete your marriage registration in India.
  • The age of the bride and the groom must be 18 and 21 years, respectively.
  • The bride and groom must remain mentally fit and not be blood relatives or share common ancestors.

Importance of Having a Marriage Certificate and its Uses

A marriage registration certification has become an exceptionally crucial document to validate your marriage lawfully in India. A marriage certificate is a necessary record required for applying for a passport, any property acquisition, or to apply for a partner visa. It is valid evidence of your being legally married to your spouse. Therefore, registering your marriage: https://services.india.gov.in/service/detail/online-application-of-marriage-certificate under applicable laws is an intelligent step to safeguard your future.

The Bottom Line 

If you wish to register your marriage without the hassle of moving from one office to another, let Vakilsearch help you. Our expert lawyers can take care of all the aspects of valid marriage registration, so you never face any inconvenience. 

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