Persons who are about to get married and register for the marriage certificates have to follow certain steps to get the certificates. People who are already married and want the certificate can follow similar steps.
Marriage is a common social construct in almost all the societies known. Whether modern or traditional, marriage remains the basic construct over which society survives. However, complexities in today’s life have also raised the complexities in legal premises. This is why a marriage registration certificate is mandatory for everyone. It is important for all the joint ventures between the couples like leasing or buying the house, opening joint accounts or business ventures etc., marriage certificates secure the rights of the persons entering the wedlock and the consequent generations. Since this certificate is very important for many reasons, the process is comparatively technical and takes a considerable time to receive. This Steps to Apply for Marriage License is taken to ensure accuracy and fraudulence avoidance in the process.
What Are the Legal Provisions for Acquiring the Marriage Certificate?
Marriages in India come under personal law or civil law. They can be registered under the Hindu marriages act of 1955 or the Special Marriage Act of 1954. Since marriage is registered under the premises of the state, there are usually state-specific rules or laws which also govern the registration of the marriage. The Supreme court in 2006 made acquiring marriage certificates mandatory for all marriages in India.
Four Effective Steps to Apply for Marriage License
A marriage certificate declares the persons are entering the process. There are 4 steps in acquiring a marriage certificate.
Step 1 – Online registration for a marriage certificate
Marriage Registration Online process has been available since 2010, with the arrival of the digital revolution in India. This methodology has come in handy for the people in the covid times to avoid the long queues. It saves time and troubles less compared to the previous methods of registering.
The following steps are usually followed in the process of online registration.
- Open the applicants’ home state government website, which can be either the people’s native or residential state
- Browse the website for the marriage registration site
- Fill in the needed details asked for in the form
- Add the documents and additional requirements given on the page.
- Submit it once filed.
Since most documents are kept in digital documents today, this methodology is much easier than the traditional registration process. After the registration via online mode, the marriage registrar will do the physical cross-checking with the persons to ensure there is no fraudulence involved in the process.
However, it must be noted that the date and time given by the marriage registrar are usually 15 to 30 days after the form submission. This might take nearly 60 days for the marriages under the special marriages act of 1954.
Step 2 – Offline registration for a marriage certificate
This process differs for different marriages conducted under different acts. The traditional marriages in religious ceremony setup coming under the Hindu marriages act of 1955 have a different methodology while the one under special marriages act has a different methodology.
The Hindu Marriage Act, 1955
This act is available only for marriages between practicing Hindus. Both the people entering wedlock should be Hindu. Hindu is a term that legally includes other religions like Sikhs, Jains and Buddhists, and the people following Hinduism. This registration can be done before the marriage or even after the solemnisation of the marriage.
In this scenario, the spouses are also asked to visit the sub registrar’s office after the marriage process. The marriage can be solemnised by the customs and rituals of the Hindu marriage of either party or both.
The Special Marriage Act, 1954
Marriages conducted irrespective of religion or without religious ceremonies come under the special marriages act of 1954. The persons can belong to any faith. Even a citizen can marry a foreigner under the given act. However, a 30 days notice is required in case of special marriage under this act to the sub-registrar in whose location the partners reside.
After the registration: https://services.india.gov.in/service/detail/online-application-of-marriage-certificate, the announcement of the marriage is put on notice for 30 days, and then the marriage gets registered. The sub-registrar also keeps a copy for further evaluation.
Step 3 – Submission of Required Documents
Documents are mandatory for any marriage process within the country. This is because a Marriage Certificate India is one of the most important legal certificates the person is supposed to carry. The requirements of the document may vary according to the state government rules. However, the variation is very limited. All the documents should be submitted in the form of photocopies. The photocopies should be cross-checked and signed by the gazette officer at the time of submission.
Step 4- Physical Evaluation in the Sub-registrar Office
After submitting all the required documents, the person marrying must attend the sub registrar’s office with all the original certificates. If the sub-registrar is convinced with the given documents and affidavits, he will approve and grant the certificate. At least two persons who attended the wedding must be present along with the bride and the groom. In the case of the special marriage act marriages, the registrar also checks for additional provisions like no objection certificates and other formalities.
Documents Required for Marriage Certificate
The following documents are required for Marriage Registration:
- Jointly signed application form by both spouses (husband and wife)
- Birth proof document, acceptable forms include matriculation certificate, birth certificate, or passport. The male party must be 21 years old, and the female party must be 18 years old, applicable for both the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954
- Residential proof for both parties, which can be provided in the form of an Election Voter ID, PAN Card, Aadhar Card, Ration Card, or electricity bill
- If the marriage occurred in a religious institution, a certificate from the institution confirming the marriage solemnisation is required
- Payment of ₹100 for marriages registered under the Hindu Marriage Act, 1955, and ₹150 for those under the Special Marriage Act, 1954. The payment receipt must be attached to the application form
- Two passport size photos of each spouse, along with a marriage photo if the ceremony has already taken place
- Wedding invitation card, if applicable
- Affirmation by both parties that they are not related within the prohibited degrees under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954
- For divorcees, an attested copy of the divorce decree must be submitted with the application
- For widows or widowers, the death certificate of the deceased spouse should be attached to the application form
- An affidavit detailing the place, date, and time of the marriage, as well as the marital status and nationality of both parties, must be included with the application
- Presence of two witnesses from each side during the meeting at the sub-registrar office
- If the marriage has already been solemnised, two witnesses who attended the wedding must also be present at the sub-registrar office during the meeting.
Eligibility for Marriage Registration in India
- The groom must be at least 21 years old
- The bride must be at least 18 years old
- Both parties should possess the mental capacity to understand the implications of marriage
- Both individuals should not be currently married to anyone else
- The parties must confirm that they are not closely related within the degrees prohibited by the applicable marriage laws
- Both parties should be legally competent to enter into marriage as per the laws governing their religious or civil marriage.
Frequently Asked Questions
What is the cost of a marriage license in India?
According to India's Marriage Acts, there is a relatively little registration fee. For Hindu and non-Hindu marriages, it differs slightly. The cost of a marriage certificate is ₹150 under the Special Marriage Act and ₹100 under the Hindu Marriage Act.
Do you need a marriage license in India?
Indeed, the Supreme Court of India declared in 2006 that marriage registration became required in India.
Is a marriage certificate required for a passport?
Yes, a marriage certificate is often required for passport application or changes.
Is Arya Samaj marriage certificate valid?
International law does not recognise the marriage certificate issued by Arya Samaj as a legal document. The only legally recognised document is a marriage certificate that is issued by the Sub-registrar.
Is marriage certificate mandatory in India?
Yes, marriage registration is necessary in India as per the law.
Can I register my marriage anywhere in India?
No marriages can be registered in the Registrar of Marriage's office in the jurisdiction where the marriage has occurred, or in the Marriage Officer's office in the jurisdiction where the bride or bride-groom has resided for at least six months prior to the marriage.
Conclusion
In the digital era, the acquisition of the marriage certificate is very simple compared to before. However, the persons who need such certificates often lack the procedural idea of the same. Sometimes they even fall into the trap of the touts and corruption due to misinformation. This blog is to help them understand the process Steps to Apply for Marriage License. You can also avail expert input on the same. Get in touch with our team today.
