Read this blog to learn about the precautions that a husband and wife should take at the time of marriage under the Indian Marriage Acts.
Marriage registration legally approves a marriage that is solemnized between two Indian adults. The Central Government of India has stressed this issue and mandated the marriage registration procedure to safeguard the right of Indian women. Here this blogs tells about Specific Requirements Of Religion For Marriage Registration In India .Registering a marriage is possible by abiding by the norms set by any of the following marriage laws that are in practice pan India:
- Hindu Marriage law of 1955
- Special Marriage law of 1954
- Indian Christian Marriage law (1872)
- Parsi Marriage & Divorce Act (1865)
- Marriage Validation Act of the Arya Samaj (1937)
The Procedure of Marriage Registration Under the Same Religion
Marriage registration is a simple process that involves the following sub-steps:
- You need to appoint a reliable lawyer and gather responsible affiliates. They share expertise in solemnizing marriage registration
- There is a list of necessary documents that are to be produced for the lawyer to continue with the legal proceedings. These supporting documents validate a marriage that has taken place in a particular community or religion
- Once document verification is done, the lawyers generate the application form for marriage registration and the couple is lawfully registered on the day they sign the agreement. The date is fixed as per the convenience of both parties.
The Procedure of Marriage Registration for Couples Representing a Different Religion
In some parts of India interfaith marriage still continues to be a controversial event. Though our Constitution never supports forced conversion of religion, there are reported cases of harassment inflicted on couples who chose to marry out of their religion. Indian law regulatory bodies execute strict actions against these social goons.
The Special Marriage law enacted in 1954 protects the rights of these couples and encourages them to complete their marriage registration following a few simple steps. In this article, we are about to learn about the marriage registration process in detail.
How You Can Complete Marriage Registration Under the ‘1954 Special Marriage Act’?
As per the declaration surfaced by the Indian Government the couples need to hand over a notice along with the necessary documents to the officer stationed in the area marriage office at least before one month of the desired marriage date. This is the traditional norm.
For the citizens’ convenience, many state governments have dedicated a separate portal on their official websites to accept applications for interfaith marriages. Here you need to complete the form fill up the process and submit the required documents in scanned format. Once done, the couple is asked to visit the designated marriage officer on a fixed date to legally solemnise the marriage.
Details to Be Disclosed to the Marriage Officer During Marriage Registration
The legal notice addressed to the marriage officer must specify the tentative date on which the couple is expecting to get married. This is essential to kick-start the marriage registration procedures.
In addition to this the marriage officer shall also know each of the following details:
- Current background condition of both the families
- Occupation of both the husband and wife
- Age of the couple before the day of marriage
- Present address of both parties
Permanent dwelling location (this is a piece of additional information that needs to be mentioned when the present residential address is different mainly due to job purposes or some other reasons)
Documents You Need to Present at the Time of Marriage Registration
A marriage certificate will be handed over after the successful completion of marriage registration: https://services.india.gov.in/service/detail/online-application-of-marriage-certificate. To successfully register the marriage both parties have to give their:
- Aadhar card (this document is accepted by the Indian Government as nationality proof).
- Birth Certificate (generally this supports your date of birth claim).
- 2 passport photos
- Address proof (this can include voter card, passport, ration card, driving license, telephone or electricity invoice, etc.).
- Separate marriage affidavits are issued from both wife and husband (this has to be in the recommended format).
- Marriage invitation card
Each of the documents needs to be self-attested.
Eligibility Criteria
Both the man and the woman must be a native of this country. The law clearly states that the marriage registration process will be immediately stopped if the law finds that either of the parties is having an alive spouse. The law also states if someone is considering to remarry then he/she needs to legally dissolve their previous marriage and part ways with previous partners before concluding their next marriage.
Both the partners are bound to agree with the criteria mentioned in this Act. 18 years is the minimum age threshold for any female applicant who wants to get married under the Special Marriage law. On the other hand, the man is ineligible for marriage until his age turns 21. These are the basic precautions that are to be considered before you apply for marriage registration.
What Happens in Case of Any Marriage Objection?
The jurisdiction duly records the objection in the marriage registers along with the sign of the party raising that objection. Indian legislature has empowered the marriage officer to interrogate the reason behind raising such an objection.
The Prohibited Degrees in the Special Marriage Act
Marriage registration can be disapproved when a relationship is found to be prohibited under Schedule I and II of the Hindu Marriage law. This consists of relationships with paternal or maternal cousins. Different religions treat these kinds of relationships differently and the Special Marriage law does not deplore such a relationship.
Why There Must Be a Period of One Month Before the Solemnisation of Marriage Registration?
The application for marriage registration has to be made at least one month before the decided date of marriage. This is to ensure sufficient time for accepting any objections that are recorded by the marriage officer in his marriage book. The marriage finally takes place when the intended party who objects withdraws it or when the objection is proved invalid.
Final Thoughts
A Marriage registration validates your marriage and protects both you and your spouse from all types of tricky social situations. This includes adverse events that may arrive in future like abandonment or divorce. This document demands even more emphasis when we talk about an interfaith marriage which is still considered taboo in many parts of India.
The provisions of The Special Marriage Act are so impactful that they have the potential to nullify widespread social resistance. The Indian Government has mandated the issuance of this document for various purposes like availing a passport. Marriage registration cements your relationship with the other person and legally acknowledges your entry to a new chapter in life. Get in touch with Vakilsearch for any queries.
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