Registry Marriage Rules in India

Weddings in India are, simply, grand celebrations that are planned very often from the day a child is born. However, with all the fun and being rushed off your feet, what should not be missed is getting your marriage registered at the earliest.

In India, a marriage can be registered under the Hindu Marriage Act of 1955 or the Special Marriage Act of 1954. To be eligible for marriage in India, the minimum age is 21 years for males and 18 years for females. To avoid further confusion, here’s your ultimate guide to registry marriage rules in India. There are two ways to register your marriage in India – online and offline. We have explained each of them in detail below.

Registry Marriage Rules in India

Marriage registration is an absolute necessity to validate your marriage legally in India. A Marriage Certificate is an important document needed for applying for a passport, any kind of property purchase, or to apply for a companion visa. It is a valid proof of your being legally married to your partner. So, you must remember that registering your marriage is an intelligent step to secure your future.

Online Marriage Registration

Like most aspects of India today, this is readily available online. Avoid the hassle of standing in queues and visiting the marriage registrar multiple times. Instead, you can simply fill and submit the form online and visit the registrar on the day of the appointment. The steps to be followed for registering your marriage online are:

• Visit the state’s official website
• Click on marriage registration online
• Fill out the form with all the required details of your and your spouse’s
• Additionally, submit the marriage registration form.
• The marriage registrar will call you on a particular date and time
• Carry all the documents and two witnesses of your marriage for verification purposes.

Offline Marriage Registration

Marriages in India can be registered offline under any of these Acts:

1. The Hindu Marriage Act of 1955
2. The Special Marriage Act of 1954

Marriage Registration Under the Hindu Marriage Act

The Hindu Marriage Act applies to Hindus. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs, or where they have converted to any of these religions.

Procedure for Registration Under the Hindu Marriage Act

The first step in Hindu marriage registration is applying to the sub-registrar. Similarly, after the marriage is solemnised and conducted as per the Hindu customs and rituals, the parties have to apply to the Registrar of Marriages or the Tahsildar of the District where either of the parties resides or where the marriage took place. The points given below must be kept in mind while registering a marriage.

1. The marriage should be registered within one month of the marriage date.
2. No notice is required in Hindu marriage registration.
3. Both parties must fill out the application form.
4. The following documents must be submitted:

• • Two photographs of the marriage ceremony
  • Wedding Invitation
  • ID proof
  • Address
  • Date of birth

1. An affidavit of self-declaration (notary attested).
2. Likewise, the guardians or parents of each party should be present.
3. Both parties have to sign in the presence of three witnesses.

Under the Hindu Marriage Act 1955, certain conditions must be fulfilled to consider the marriage between the parties legal and valid. These conditions have been specified under Sec. 5 and Sec. 7 of the Act. Moreover, under Section 5 of the Hindu Marriage Act of 1955, a marriage is considered valid only if both are Hindus. If either one of the parties to the marriage is a Muslim or a Christian, then the marriage will not be a valid Hindu marriage. Without a marriage certificate, a divorce can’t be legally processed.

A marriage can be solemnised between any two Hindus if the following conditions are fulfilled:

1. If neither party has a spouse living at the time of the marriage
2. If neither party is incapable of giving valid consent to it as a consequence of unsoundness of mind
3. Though capable of giving valid consent, neither of them has been suffering from any mental disorder nor is legally deemed unfit for marriage and the procreation of children
4. If neither of them has been subject to recurrent attacks of insanity or epilepsy
5. Further, the bride has completed the age of 18 years and the groom the age of 21 years at the time of marriage.
6. The parties aren’t within the degrees of prohibited relationship unless the custom or usage governing each of them permits marriage between the two
7. The parties are not a lineal ascendant of the other (sapindas) unless the custom or usage governing each of them permits marriage between the two.

Degree of Prohibited Relationship

Two individuals are said to be covered under the degrees of prohibited relationship:

• If one of them is the lineal descendant of the other
• If one were the husband or wife of a lineal ascendant or descendant of the other
• Further, if one of them were the wife of the brother or the father’s or mother’s brother or the grandfather’s or grandmother’s brother of the other
• Or if they were brother and sister, aunt and nephew, uncle and niece, or children of brother and sister or two brothers or two sisters.

A marriage falling within the above categories will be considered void.

Exception: The customs play an important role here, i.e., if there is a custom governing the parties, they may marry even if they fall under the degrees of prohibited relationship.

Punishment: A marriage solemnised between the parties within the degrees of a prohibited relationship is considered null and void.

Moreover, the parties to such a marriage are liable to be punished with simple imprisonment for one month or a fine of ₹10000/- or both.

Marriage Registration Under the Special Marriage Act

The Special Marriage Act applies to all citizens of India. Marriages performed under this Act are termed ‘Court Marriages‘. Moreover, any person, irrespective of religion, can solemnise and register their marriage under the Special Marriage Act 1954. Further, the persons intending to register a marriage under this Act must give notice. Thereof in writing in specified forms to the concerned marriage officer, in whose jurisdiction at least one of the parties to the marriage has resided for not less than 30 days immediately preceding the date on which notice is given.

Essentials of Marriage Registration

Marriage registration in India is governed by specific rules and regulations to ensure the legal validity of the union. Here are the key essentials:

1. Register Marriage Rules:

   – Registering a marriage is subject to certain rules outlined by the respective state governments in India. These rules dictate the procedures, documentation, and timelines for marriage registration.

2. Marriage Registration Act in India:

   – The registration of marriages falls under the purview of the respective Marriage Registration Acts of different religions. These acts provide the legal framework for the registration process and establish the rights and obligations of married couples.

3. Indian Register Marriage Rules:

   – The rules for registering a marriage in India may vary from state to state. It is essential to be aware of and adhere to the specific rules applicable in the state where the marriage is solemnized.

4. Mandatory Documentation:

   – Couples intending to register their marriage must provide mandatory documentation, including proof of identity, proof of residence, marriage invitation card, photographs, and any other documents required by the local authorities.

5. Verification of Details:

   – The details provided during the registration process, such as names, addresses, and other personal information, undergo thorough verification by the marriage registrar to ensure accuracy and authenticity.

6. Marriage Registration Date:

   – Couples need to choose a specific date for the registration of their marriage. It is crucial to adhere to the timeframe specified by the local authorities and schedule the registration on the selected date.

7. Presence of Witnesses:

   – The presence of witnesses is often a requirement for marriage registration. The number of witnesses and their eligibility may vary based on religion-specific rules.

8. Registrar’s Office Visit:

   – Couples are typically required to visit the office of the marriage registrar on the designated date for completing the formalities and submitting the necessary documents.

9. Joint Appearance of Couple:

   – The couple must appear jointly before the marriage registrar for the registration process. This ensures that both parties willingly consent to the marriage and the registration.

10. Issuance of Marriage Certificate:

    – Upon successful completion of the marriage certificate online registration process, the marriage registrar issues a marriage certificate. This certificate serves as legal proof of the marriage and is valuable for various official purposes.

Understanding and following the marriage registration rules and procedures in India are essential for ensuring that the marriage is legally recognized. Couples should consult the local marriage registrar’s office or official government websites to obtain accurate information regarding the registration process in their respective states.

In case of Court Marriage – how does registration of marriage take place?

The court marriage process involves several steps to ensure a legally valid and hassle-free union. Here is a detailed guide:

Step 1: Consult a Matrimonial Lawyer

A matrimonial lawyer plays a crucial role in facilitating a court marriage. The lawyer assists in completing paperwork, organizing documents, and ensures that all legal requirements are met. They guide you through the entire process and help with the registration of the marriage at the marriage registrar’s office.

Step 2: Notify the Marriage Registrar

1. Select District and Residency:

   – Choose a district where at least one partner has been residing for more than 30 days. The marriage application must be sent to the marriage officer of that district.

2. Submission of Marriage Application:

   – Both partners need to sign the marriage application, which is then sent to the marriage registrar’s office. The lawyer aids in filling out the application and ensures proper submission.

Step 3: Displaying the Notice of Intended Marriage

1. Notice Display:

   – The marriage officer displays the notice of the intended marriage at a prominent place in the marriage office. This notice remains visible for 30 days, as required by Section 6 of the Special Marriage Act, 1954.

2. Record Maintenance:

   – The marriage registrar maintains records of all marriage applications in the “Marriage Notice Book.”

Step 4: Objection to the Marriage

1. Objection Process:

   – Section 7 of the Special Marriage Act, 1954, allows anyone with objections to the marriage to contact the marriage officer. The officer investigates the objections and has the authority to halt the marriage process if necessary.

2. Proceeding Without Objections:

   – If there are no objections within the stipulated period, the marriage proceeds to the next stage.

Step 5: Completion of Court Marriage

1. No Customs or Rituals:

   – Court marriages do not involve traditional customs or rituals. The ceremony is straightforward and legal.

2. Signing the Declaration Form:

   – Both partners sign the declaration form of marriage in the presence of the marriage registrar and three witnesses.

3. Marriage Completion:

   – The marriage is considered completed after the signing process, making it a legally recognized union.

Procedure for Registration of Special Marriage

1. A copy of the notice is affixed on the notice board of the registration office, and a copy of the notice is sent to the marriage officer of the area where either of the parties has their present/permanent address for similar publication.
2. Moreover, after the expiration of one month from the date of publication of the notice, if no objections are received, the marriage may be solemnised.
3. In case of objection, the marriage officer conducts an inquiry, and the marriage is solemnised after the inquiry concludes.
4. Similarly, on the day of solemnisation, three witnesses plus basic identification documents are required for the marriage certificate to be issued. The basic identification documents required include

• Age proof
• Address of both parties
• Affidavit
• Marital status
• Fit mental condition
• Non-relationship between the parties within the degree of prohibition
• Passport-size photographs and
• Three witnesses solemnise the marriage.

5. After that, the couple may apply to have their marriage registered and get an official marriage certificate document from the registrar.

According to this Act, no religious ceremonies are a prerequisite for a marriage to be complete.

This Act lays down the following conditions for a marriage to be regarded as a lawful one, having legal standing, by Sec. 4

• Neither party should have a spouse living at the time of the marriage
• The physical and mental capacities of both parties must be as listed.
• The age of the parties that is minimum age is 21 years for males and 18 years for females
• The parties aren’t within the degree of prohibited relationship provided that custom governing one of the parties permits such a marriage between them.

Marriage Registration with Vakilsearch

All the aspects mentioned above can be made much more straightforward with Vakilsearch. We help you registry marriage rules in India quickly and easily. Moreover, all you need to do is provide your basic details and upload scans of your documents. We will fill out the forms on your behalf, and you’ll merely be called in on the day of solemnisation for verification. Reach out to our experts to know more about the process.