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The Hindu Marriage Act is a legal framework in India that governs the rules and regulations concerning Hindu marriages. Legislated in 1955, this outlines the conditions for a valid Hindu marriage, spouses' rights and responsibilities, divorce procedures, and matters related to alimony and child custody. The act aims to codify and standardise the practices and rituals of Hindu marriages and promote gender equality within marital relationships. It applies to Hindus, Buddhists, Jains, and Sikhs, as well as anyone who is not a Muslim, Christian, Parsi, or Jew by religion. The Hindu Marriage Act seeks to regulate and safeguard the institution of marriage within these communities and ensure legal protection for the rights of individuals involved in Hindu marriages.
Did You Know?
The Hindu Marriage Act, 1955 is a law that covers all of India except for Jammu and Kashmir. It is for people who are Hindu, including those who follow the Brahmo, Prathana, or Arya Samaj. It also includes those who are Buddhists, Jains, or Sikhs. If a person is not a Muslim, Christian, Parsi, or Jew, and they live in a place where this law applies, they are also covered by this Act unless it's proven that they wouldn't have followed Hindu laws or customs before this Act was passed.
Hindu marriage registration holds significant importance for several reasons. Here are some key points highlighting the importance of Hindu marriage registration:
1. Legal recognition:
Getting your Hindu marriage registered is a critical step that legally validates your union. It's not just a formality; it's an official contract that confirms your marriage in the eyes of the law. This legal recognition can have a significant impact, opening the doors to a host of benefits, including inheritance rights, property rights, and social security benefits. Furthermore, it becomes a critical document when applying for a passport.
2. Proof of marriage:
The marriage certificate obtained through registration serves as concrete proof of the marriage. It contains essential details like the names of the spouses, the date of marriage, and the place of marriage. This document can be used for various legal and administrative purposes, such as obtaining visas, applying for passports, and accessing government benefits.
3. Protects rights and interests:
Registration safeguards the rights and interests of both spouses. It ensures that the rights of individuals within the marriage are protected and acknowledged by the law. It provides a legal framework for resolving disputes, division of property, and maintenance claims if required.
4. Prevention of child marriage:
Registering a marriage can stop child marriages. It needs people to be old enough to get married. This rule makes sure kids can't marry too young. It keeps them safe from harm and unfair situations linked to early marriages.
5. Social acceptance and documentation:
Registering your marriage helps people around you accept and recognise your bond. It's like a stamp of approval on marriage. The marriage certificate is an official paper that shows you're married.
6. Access to social welfare schemes:
When you get married, signing up for marriage registration helps a lot. The government has many programmes that give special help to married couples and families. A few perks are health insurance, money support when you have a baby, and pension plans
7. Proof of marital status:
When it comes to showing a proof of marriage, the marriage certificate is the best record. To apply for loans, opening a joint account, benefits from government programmes are all possible when you show proof of marriage.
Disclaimer: Kindly note that the information we provide about Hindu Marriage Registration is for information purposes only. Rules may vary subject to your area. If there are any mistakes in your application or the documents you submit, we're not able to take responsibility for them. This also includes any delays that might happen because of such issues. So, please take a moment to double-check all your details before submitting your application.
According to the Hindu Marriage Act 1955, a marriage is valid only if both parties are Hindus. If one party is Christian or Muslim, it is not considered a valid Hindu marriage.
In the case of M. Vijayakumari vs. K. Devabalan, it was determined that a marriage between a Hindu man who converted to Christianity and a Christian woman in a Hindu ceremony is not valid. Section 5 of the Act states that marriage can only be solemnised between two Hindus.
For a marriage to be valid between two Hindus, the following conditions must be met:
Neither party is already married.| Neither party is mentally incapable of giving consent.| Neither party has a mental disorder that makes them unfit for marriage and having children. | Neither party has a history of recurring insanity or epilepsy. | The bridegroom must be at least 21 years old and the bride must be at least 18 years old at the time of marriage. | The parties should not be closely related as defined by the prohibited relationship rules, unless their customs or traditions allow such a marriage. | The parties should not be sapindas (direct blood relatives) of each other, unless their customs or traditions permit such a marriage.
Proof of Age:
You need to provide documents that prove your age, such as a birth certificate, passport, or school leaving certificate. These documents serve as evidence of your age at the time of marriage.
Proof of Address:
You must provide documents that establish your current residential address. This can include utility bills, rental agreements, or a valid government-issued identification card with your address mentioned on it.
Marriage Invitation
A marriage invitation is a formal invitation extended to friends, relatives, and guests to attend your wedding ceremony. It serves as proof that you are getting married and can be used as a supporting document for the registration process.
Photographs of the Couple
Providing photographs of the couple is a common requirement for marriage registration. These photographs should show the couple together, and they serve as visual evidence of their relationship and intention to marry.
Step 1: Visit the Marriage Registrar's Office. Initiate the marriage registration process by visiting your locality's nearest Marriage Registrar's Office. This crucial step sets the procedure in motion.
Step 2:Submission of Application Complete the provided marriage registration application form furnished by the registrar. Furnish essential details such as names, ages, addresses, and your marriage's specific date and location.
Step 3: Verification of Documents and Witnesses Submit the necessary documents, which encompass proof of age, address, marriage invitation, and photographs of the couple. The registrar undertakes the task of meticulously verifying the authenticity of these documents. It might also be necessary to bring witnesses who can vouch for the authenticity of your marriage.
Step 4: Collection of Marriage Certificate upon verifying documents and witnesses, the registrar will issue an official marriage certificate. This document stands as a legal recognition of your marriage. At the culmination of the registration process, collect your marriage certificate from the registrar's office, signifying the completion of the formalities.
To know the general cost of Hindu marriage registration, you can talk to our experts . Please be aware, that depending on the state or union territory in which you are registering your marriage, the precise fee amount may differ significantly. There may be revisions or changes to the fee schedule over time, so it's always a good idea to ask about it at the Marriage Registrar's Office where you want to register your marriage. Vakilsearch can offer you services regarding marriage registration certificates.
Vakilsearch is a trusted service provider for Hindu marriage registration. We can assist you to know all about the rules and processes involved in registering a marriage. With our online services, you can easily access help from anywhere. We guide you through the entire process, helping with paperwork and ensuring all requirements are met. This saves you time and effort. The most reliable and trusted legal experts are there to help you at Vakilsearch. Ours is a simple process:
Talk to our experts regarding your requirement | Our legal experts will get back to you and call back immediately | Submit the necessary documents | You will get a date of confirmation from the registrar | There will be a follow up done. Our experts will guide you throughout the process! | You can get the certificate in 15 to 30 days. It might take 60 days maximum.
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Please note that we are a facilitating platform enabling access to reliable professionals. We are not a law firm and do not provide legal services ourselves. The information on this website is for the purpose of knowledge only and should not be relied upon as legal advice or opinion.