Looking to tie the knot? Online marriage registration is the way to go! Keep reading to find out why?
Looking to have a big fat Indian wedding or a more affordable low-cost affair? It is totally your choice. However, getting your marriage registered is not a choice; it is a legal requirement to claim official acknowledgement of your sacred union. Unfortunately, offline marriage registration is a time-consuming process. To ease this situation, some state governments have introduced the concept of Online Marriage Registration.
In India, a marriage certificate is legally binding documentary proof of marriage between you and your spouse. In 2006, the Supreme judicature made it mandatory to register all marriages in India. Just like every marriage, marriage registration is also unique. The documents required for registration may even vary based on your place of marriage, place to stay and the religion of your spouse.
In India, one can register their marriage under,
- The Hindu Marriage Act, 1955
- The Special Marriage Act, 1954
And nowadays, you may obtain an online marriage certificate within a few mouse clicks.
Documents Required for Marriage Registration Online
- Proof of Address – voter ID/ ration card / passport / driving license
- Proof of DOB of both husband and wife
- 2 passport size photographs
- Separate marriage affidavits in prescribed format from both husband & wife
- Marriage invitation card
- Aadhaar card
Please do remember that all these documents must be self-attested
A person can be a witness to your marriage if he/she has attended the marriage and has a valid PAN Card and proof of residence.
Procedure for Registration of Marriage:
Following receipt of a signed application from both parties to the marriage registration, the Marriage Officer will provide a public notice allowing for a 30-day period for submission of objections and considering any objection within that period.
If the officer is satisfied that the prerequisites have been met, he will register the certificate of marriage, which will be signed by both parties who desire to marry as well as three witnesses.
Hindu Marriage Act, 1955:
The Hindu Marriage Act applies to
- A person who is Hindu in any of the forms or categories – Lingayat, Virashaiva or follower of Arya Samaj or Brahmo Samaj.
- It also applies to any person who follows Sikhism, Buddhism, and Jainism.
- The act is also extended to any person who is not a Muslim, Christian, Jews, and Parsi by religion.
- Persons belonging to any other religion which is not mentioned above, unless it is mentioned that it is not included under this act.
- Any person who has converted to Hindu, Buddhist, Jain or Sikhs.
Ceremonies and Rituals of Hindu Marriage:
In the case of Hindu marriage, the marriage is solemnized according to the customary rites and ceremonies.
Registration of Hindu Marriages
The state government has the authority to enact its own rules in order to facilitate the registration of marriages. Any rules under this provision must be presented to the state legislature as soon as they are enacted. The Hindu Marriage Register is available for view at all reasonable hours, as and when required. It will be an admissible statement or evidence of statements, as well as a certified extract of the solemnised marriage.
The Special Marriage Act, 1954
The Special Marriage Act is a secular Act that applies to all people, regardless of faith. The Act applies to all people in India or all Indians in foreign countries irrespective of religion or faith followed by either party except those in the state of Jammu and Kashmir.
It also applies to those domiciled in the territories to which the act applies but living in the state of Jammu and Kashmir.
Solemnization of Special Marriages:
The parties can solemnize a marriage in any manner that the parties may choose to adopt, but it is not complete and officially binding unless each party confirms it to each other in the presence of a Marriage Officer.
Intending spouses must also satisfy the following conditions:
- The male should have completed the age of 21 years and the female should have completed 18 years of age.
- Both the parties should be capable of giving free and valid consent with a sound mind
- Both the parties should not be within the degrees of prohibited relationship.
Notice of Marriage
When a marriage is intended to be solemnized under this Act, the parties should present notice in a prescribed format given in the 2nd schedule to the Marriage Officer. For the 30 days preceding the day of giving notice, either party must be present in the area for which you asked for solemnization.
Marriage Witness Declaration
Before the marriage gets solemnized the concerned parties and three other witnesses in the presence of the Marriage Officer should sign a declaration in the format specified in the 3rd schedule of this act.
Effect of Special Marriage on Hindu Undivided Family:
If a member of a Hindu Undivided Family (HUF) marries under this Act, he is considered to be severed from that family.
Fees for registering the marriage:
There are certain fees involved in getting your MARRIAGE REGISTRATION ONLINE or offline mode. The fee can be deposited online mode. For more information on the same, you can always get guidance from our legal experts.
How to Register Your Marriage with Vakilsearch
We help you register for your marriage in 3 simple steps
- We gather all the necessary documents from you
- Our professional will then set up a judicature date at your convenience
- Our lawyers will also ensure that you receive your marriage registration certificate – https://services.india.gov.in/service/ without any hassle or delay.
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