Marriage

Do I Need To Register My Marriage In India?

Start with Eligibility Criteria, Documents Required, Registration of Marriage under Hindu Marriage Act, Registration of Marriage under Special Marriage Act, Fees

Marriages in India are registered either under the Hindu Marriage Act of 1955 or the Special Marriage Act 1954. Furthermore, to remain eligible for marriage registration in our country, the minimum age of bride and groom should be 18 and 21 years, respectively. Hence, we can say that marriage registration has become a necessity to validate your marriage lawfully in India. Here this blog tell us about Do I Need To Register My Marriage In India .

Though most individuals are mindful that getting a marriage registered in India is a statutory prerequisite, they are oblivious of the procedure and end up spending too much or facing various hassles. So to help you document your marriage seamlessly according to applicable laws, here’s everything you need to know about it .

Documents Required For Marriage Registration

The documents necessary to register a marriage may vary slightly from one Indian state to another. Nevertheless, most of it, though, stays the same. Therefore, it is essential to remember that all records must remain duly endorsed by a gazetted administrator before submitting them to the marriage registrar. The following are some standard documents that the bride and groom must submit to all Indian states:

  • A duly filled marriage registration application form signed by both parties, i.e. the bride and groom
  • A valid birth proof. You can submit a matriculation certificate, a passport or a birth certificate. Furthermore, while the male registering for marriage should be 21 years, the female applicant must be 18 years. It is mandatory for the Hindu Marriage Act 1955 and the Special Marriage Act 1954.
  • If the wedding took place in a religious location, a certification from the establishment acknowledges the marriage’s solemnisation.
  • Both bride’s and groom’s residential proof is mandatory. It could be a PAN Card, an Election Voter ID, an Aadhar Card, an electricity bill or a Ration Card.
  • The parties registering marriage in India must submit a payment to the district cashier, i.e. INR 100, if the wedding gets registered under the Hindu Marriage Act 1955. On the other hand, if you document a marriage under the Special Marriage Act 1954, you need to pay INR 150. Furthermore, you must also make a payment to submit the application form. 
  • Two recent passport-sized photographs of both bride and groom with one wedding photo and wedding invitation in case the marriage earlier got solemnised.
  • Both bride and groom must certify that they are neither related to nor fall into the mandate of the forbidden relationship as specified by the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954.
  • If the bride or groom is a divorcee, they must submit an attested copy of the divorce decree and the marriage registration application form.
  • Two witnesses from each side must be present in the sub-registrar office when documenting marriage with the marriage registrar.
  • An affidavit stating the date of marriage, place of marriage, time of marriage, marital status, and nationality of both parties should be submitted with the marriage registration application form.
  • If the bride or groom is a widow or widower, they must attach their spouse’s death certificate with a marriage registration application form.
  • If the wedding gets solemnised in the registrar’s office, two witnesses who attended the marriage must be present at the time of marriage registration in the sub-registrar office.

Registration Of Marriage Under The Hindu Marriage Act

Under the Hindu Marriage Act, 1955, the bride and groom must fulfil specific prerequisites to provide their wedding with legal standing and make it a lawful marriage. These provisions remain defined under Sec. 5 and sec. 7 of the Hindu Marriage Act. 

In addition, according to section 5 of the Hindu Marriage Act 1955, a wedding will be lawful only if the bride and groom are Hindus. If one of the bride or groom is a Muslim or Christian, the marriage will not be a legal Hindu marriage. Below are some points you must remember to register a marriage under the Hindu Marriage Act. 

  • The initial step to registering marriage under the HMA 1955 is to apply for a marriage certificate at the sub-registrar office. 
  • The marriage should get registered within thirty days of the wedding date.
  • No notice is mandatory in Hindu marriage registration.
  • Both bride and groom must duly fill out the marriage registration application form.
  • The documents that the bride and groom must submit are two photographs of the marriage ceremony, ID proof, wedding invitation, address proof and date of birth.
  • A deposition of self-declaration (notary certified).
  • The bride and groom must sign the application form in the presence of three witnesses. 

Note: The marriage certificate will get issued after a few days of the registering at the registrar’s office

Registration Of Marriage Under The Special Marriage Act

The Special Marriage Act spreads to all Indian citizens. In addition, marriages solemnised under the Special Marriage Act are known as ‘Court Marriages’. Likewise, any individual, irrespective of religion or caste, can solemnise and document their wedding under the Special Marriage Act, 1954. Here are some steps involved in registering a Special marriage in India:

Check Here to More about: https://legislative.gov.in/actsofparliamentfromtheyear/special-marriage-act-1954

  • A copy of the notification remains attached to the notice board of the registrar’s office. This notice copy gets transferred to the marriage authority of the area where the bride or groom resides permanently.
  • In case of a complaint, the marriage officer completes an inquiry, and the wedding gets solemnized after the official investigation completes
  • On the day of the wedding solemnisation, three witnesses and necessary identification records are required for the marriage certificate to be published. The identification documents needed include age proof, address of both parties, affidavit, marital status, Passport size photographs and three witnesses for verification.
  • After submitting the documents, the bride and groom can get an official marriage certificate copy from the registrar.

Fees

The parties registering marriage in India must submit a fee to the district cashier, i.e. INR 100, if the wedding gets registered under the Hindu Marriage Act 1955. On the contrary, if you document a wedding under the Special Marriage Act 1954, you must pay INR 150. Likewise, you must also make a payment to submit the application form. 

Final Word

In a nutshell, marriage registration provides legal status to the bride and groom to help them claim permitted rights and remedies from the tribunals. If you are planning to get a marriage registration without any hassle, Vakilsearch can be your go-to place. Contact us now for quick and seamless marriage registration. 

 

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