In this article, you will learn how to register for a marriage certificate under different marriage acts in India.
A Marriage certificate is a legal document defining an agreement in which two genders or the same genders mutually engage to live together. Legally, both parties must agree to the contract by will if it is to be referred to as marriage. This article provides a brief overview of the subject. First, determine which acts are associated with marriage in India. In India, different marriage acts apply to different religions. Let’s know in detail about the process to register for a Marriage Certificate.
Types of Marriage Act In India
The different types of Marriage Act in India are as follows:
- Hindu Marriage Act of 1955
- Special Marriage Act of 1954
- Marriage and divorce personal laws
Marriage Registration Procedures under Hindu Marriage Act of 1955
The Hindu Marriage Act of 1955 applies to many religions, including Hindus, Jains, Sikhs, and Buddhists. It also applies to individuals who have converted to one of these religions from another. According to this act, the primary condition is the age of the wedding couple. While the bride has been given the age of 18, the bridegroom has been given the age of 21.
This means individuals from any religions mentioned above will not be legally permitted to marry before the ages mentioned. The Hindu Marriage Act applies to all Indian states and union territories, except for Jammu and Kashmir.
The following are the registration requirements under the Hindu Marriage Act of 1955:
- Those willing to apply for marriage certificate online can visit any sub-divisional magistrate’s office; the offline application process can be started there, and registration can also be done online. After confirming your district/state, the details are required. In the case of the Hindu Marriage Act, one must wait only 15 days for an appointment, whereas the Special Marriage Act may require up to 30 days
- The registration form must be signed by both the individuals who are of sound mind. Both parties must not be in a forbidden relationship. The Hindu Marriage Act, 1955 includes birth certificates, matriculation certificates, and other documents
- Both parties must provide two passport-sized photographs, one wedding photograph and an invitation card of marriage. If the individuals have converted to any religion covered by the Hindu Marriage Act, 1955, a certificate of conversion verified by a priest to the religion to which the individuals have converted is also required
- The approval of a Gazetted officer is the most significant procedure for completing the registration. A Gazetted officer must verify all of the documents listed above. Following the submission of all the documents mentioned above, it will be the district court’s responsibility to confirm and approve the individuals’ marriage registration.
Registration Fee for marriage:
The basic registration cost varies by state, but it is typically between ₹100 and ₹200.
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Marriage And Registration Procedures Under Special Marriage Act of 1954
The Indian Special Marriage Act is made for those who do not want to marry religiously, i.e. those who prefer non-religious methods such as court marriage.
An Indian and a foreigner’s marriage
The Special Marriage Act also provides guidelines for marriages between Indians and non-Indians (foreigners), with the condition that the marriage takes place in India and not elsewhere. It is also essential that one of the partners reside in India at least temporarily. If one of the partners lives outside of India, the partner who lives in India must complete the Marriage Notice, which can be acquired from any marriage registrar the individual desires.
Then the notice will be sent to the foreign partner, who must fill it out and return it to the registrar. The couple must then wait a month before getting married. This procedure can also be used legally when applying for a visa or dealing with property-related issues.
Documents for registration are needed under the Special Marriage Act, just as they are under the Hindu Marriage Act. The mandatory documents under the special marriage act:
- Passport – A valid passport is required for registration under the Special Marriage Act.
- Certificate of birth
- In the case of divorcees, a copy of the certificate of divorce
- In the case of a widowed partner, the certificate of death of the deceased spouse.
- The certificate mentions a couple’s 30-day stay in India.
Registration Conditions And Requirements for Marriage Certificate When Both Parties Are Hindus
Now consider the procedure that would be followed if both individuals were Hindus:
- Individuals must complete the form and send it to the marriage registrar in one of the districts where either of the individuals has lived for at least a month
- The marriage may be permitted after 30 days except if any of the individual objects
- The marriage must occur only at the designated marriage office
- Both individuals must be physically present at the time when the marriage is happening.
- Three eyewitnesses were present.
Now let’s get to the important stuff. The paperwork required for registration. The following documents are required:
- Passport-sized photos of the individuals, along with the prescribed form and fee.
- Individuals’ proof of residency
- Individuals’ birth certificates
- Eyewitness photos and residential evidence
Registration Conditions And Requirements When Both Parties Are Of Different Religions:
Under the Special Marriage Act, the procedure and documents required for marriage when the parties belong to different religions are nearly identical to those required when both individuals are Hindus. Both individuals must follow the same procedure described above when filing their applications with the marriage registrar’s office. Unless there are exceptional circumstances, the document requirements are the same as stated above . And get information about register for marriage certificate
Individuals Must Pay The Following Fees To Marry Under The Special Marriage Act:
The registrar does not charge any fees. The cost of a registration form varies by state. At the time of registration, individuals must submit the form charges as well as the required documents. In general, it ranges between ₹150 and ₹200.
Documents Required for Marriage Certificate
Getting married is a joyous occasion, and a marriage certificate is a key document that officially recognizes your union. To secure this important paperwork, there are a few things you’ll need to gather.
The Essentials:
- Application in Order: First things first, fill out a marriage certificate application form. This usually asks for details like your names, addresses, wedding date, and some other need-to-know information. Don’t forget to include this form with the following documents.
- Proof You Said “I Do”: This can be your wedding invitation, a receipt from a temple marriage ceremony, or any official document proving your marriage took place.
- ID and Address Check: Bring along documents like your employee ID, ration card, driver’s license, passport, or visa to verify your identity and residence.
- Age Verification: A certified copy of your birth certificate, school leaving certificate, passport, or visa will help prove your age.
- Photo Finish: Don’t forget to bring four passport-sized photographs each for both the bride and groom.
- A Heads Up: Remember, these requirements might vary depending on your location’s laws. It’s always a good idea to check with your local marriage registration office for their specific list of documents to avoid any surprises.
By collecting these documents beforehand, you can ensure a smooth and stress-free process for obtaining your marriage certificate.
Marriage Registration Procedure
Congratulations on your upcoming wedding! But before you celebrate, there’s one more step: registering your marriage. This process can vary greatly depending on where you live. Here’s a simplified rundown of some common marriage registration procedures around the world:
Civil Marriage:
This is a secular option for couples of any faith. The process is usually straightforward, involving a government office like a city hall or registry. Be prepared to show ID, fill out forms, and possibly have witnesses present during registration.
Religious Acts:
Many countries have specific marriage acts based on religion. Here are a few examples:
Hindu Marriage Act:
For Hindus, Buddhists, Jains, and Sikhs in some countries (like India), this act lays out the framework for marriage and registration. It involves applications, document submissions, and a traditional ceremony followed by government registration.
Special Marriage Act:
This option is for couples of different religions or nationalities who don’t want to convert. The process typically involves filing a notice of intent to marry, waiting for an objection period, and registering with witnesses.
Muslim Marriages
Muslim marriages traditionally follow religious laws. While registration might not always be mandatory, couples can choose to register their marriage under the relevant act for legal recognition. This typically involves submitting the Nikahnama (marriage contract) along with ID documents at the local registry office.
Jewish Traditions and Civil Recognition
Jewish marriages are conducted according to religious law. Depending on the region, civil or special act registration might be required for legal purposes. This often involves presenting the marriage certificate from the religious ceremony and any other necessary documents.
Local Acts and Diverse Communities
Many countries have specific marriage registration procedures for indigenous communities, tribal groups, or other religious minorities. These acts cater to their unique traditions and may have their own set of requirements for registering a marriage.
Online Marriage Registration
Did you know you can now register your marriage in India from the comfort of your couch? Here’s a breakdown of the online process under the two most common acts:
The Hindu Marriage Act:
- Eligibility Check: Make sure both of you are eligible under this act (religion, age, etc.).
- Document Prep: Gather documents like ID proofs (Aadhaar card, passport), address proof, age proof (birth certificate, school certificate), wedding photos, and invitation cards. You’ll also need affidavits stating your marriage location, date, marital status, and nationality.
- Application Time: Head to your state’s marriage registration department website. Register as a new user and fill out the online marriage registration form.
- Scheduling Your Visit: Once you submit the form, book an appointment for both of you to visit the registrar’s office for verification.
- Verification and Certificate: On your appointment day, visit the registrar’s office with the original documents for verification. Once everything checks out, you’ll receive your official marriage certificate!
The Special Marriage Act:
- Giving Notice: This act requires a 30-day heads-up! Submit a notice of intended marriage to the Marriage Registrar of the district where at least one of you has resided for 30 days before filing.
- Documents in Order: Gather similar documents as mentioned above, along with the notice application form.
- Online Application (if available): Some states allow online submissions. Fill out the notice and upload documents, then book an appointment to appear in person after the 30-day waiting period.
- Waiting it Out: The Marriage Officer will publish your notice for 30 days, allowing anyone to raise objections (if any).
- The Big Day (and After): If there are no objections, you’ll sign a declaration with three witnesses at the registrar’s office. You can then have your wedding ceremony according to your religious customs (optional). Finally, the marriage officer will register your marriage and issue your official certificate!
Keep in Mind:
- Online processes might vary by state. Some steps may require you to visit the office in person.
- Have scanned copies of your documents ready for upload during the online application.
- Double-check all details entered in the application to avoid delays.
Conclusion
In this article, we have discussed in detail the legal procedure to register marriage under the different marriage acts in India. Before, registering for a marriage certificate you can check out this article by Vakilsearch for a detailed overview of the same. All the best!
