Marriage resgistration benefits and procedure to register your marriage

 

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All about Marriage Registration in India

Marriage is a socially and legally recognized partnership that provides rights and duties between a man and a woman. It is a sacred tie when a man and woman pledge to spend the rest of their lives together, according to Hindu law. A civil contract between two persons is defined under the Special Marriage Act and Muslim law.

  marriage certificate is a legal document that certifies a couple's marital status. For women's protection, the Supreme Court made marriage registration mandatory in 2006.

Benefits of a marriage certificate:

1. It's a significant and vital document that establishes a person's lawful marriage status.
2. After the wedding, a marriage certificate is necessary when applying for a passport or opening a bank account.
3. Extremely helpful in acquiring both husband and wife visas.
4. Traditional weddings are not recognized by foreign embassies in 5. India or other countries; a Marriage Certificate is required for the pair to go abroad on a spouse visa.
6. Allows a spouse to recover life insurance proceeds or bank deposits in the event of the Insurer's or depositor's death without the need for a nominee.

A marriage in India can be registered under either the Hindu Marriage Act of 1955 or the Special Marriage Act of 1954. When both husband and wife are Hindus, Buddhists, Jains, or Sikhs, or have converted to any of these religions, the Hindu Marriage Act applies. The Special Marriage Act extends to all Indian citizens, regardless of faith.

A marriage may only be registered under the Hindu Marriage Act if it has previously been solemnized, but under the Special Marriage Act, a Marriage Officer can both solemnize and register the marriage.

HINDU MARRIAGE ACT, 1955

Essential requirements for a legal marriage are outlined in Section 5 of this legislation. The following are the requirements:

1. Hindu parties, which comprise Hindus, Sikhs, Buddhists, and Jains, are required.

2. At the time of the marriage, neither partner should have a surviving spouse.

3. The parties must be of sound mind and competent to consent.

4. Despite their ability to give legal consent, none of them has been diagnosed with a mental illness severe enough to render them unfit for marriage and childbearing.

5. The bridegroom should be 21 years old and the bride should be 18 years old.

6. Individuals who fall under the banned degrees listed below are prohibited.

a). If one is a lineal descendant or decedent of the other, 

b). If one is a lineal descendant or decedent of the other;

c). If one was the wife or husband of a lineal descendant or decedent of the other.

If this condition is violated, the marriage will be declared null and invalid from the start, and the parties will be sentenced to one month in prison, a fine of Rs. 10,000, or both.

The bride and groom must not be sapindas (one's lineal descendant). Sapinda has 3 maternal degrees and 5 paternal degrees.

Exception: Even though they fall under the degrees of forbidden relationships, they can marry if the custom or usage controlling each of them allows it.

According to Section 7 of this legislation, a Hindu marriage can be solemnized using either party's or the saptapadi's traditional rituals and procedures (the taking seven steps by the bride and the groom jointly around the sacred fire).

 

Procedure for registration

1. Parties can apply at the office of the Sub-Divisional Magistrate in whose jurisdiction the husband or wife resides within one month of the marriage is solemnized and conducted, according to Hindu customs and rites.

2. Fill the Application form duly signed by both husband and wife.
A deposit of Rs. 100/- shall be made with the District's cashier, and the receipt should be submitted to the application form.

3. On the date of application, all papers are verified, and a date for the appointment is set and given to the parties for registration.

4. Both couples, as well as a Gazetted Officer who attended their wedding, must be present before the ADM on the specified day. On the same day, the Certificate is issued.

Documents required

1. Proof of Address- Voter ID/ Ration Card/ Passport, Driving License 

2. Proof of Address- Voter ID/ Ration Card/ Passport, Driving License 

3. Proof of Date of Birth of both husband and wife (Matriculation Certificate / Passport / Birth Certificate) 

4.2 passport-sized photos

5.1 marriage photograph

6. Separate Marriage Affidavits from Husband and Wife stating place and date of marriage, marital status at the time of marriage, and nationality 

7. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per the Hindu Marriage Act 
Marriage Invitation Card if available

8. If one of the partners is a foreigner, no Impediment Certificate / NOC from the relevant Embassy is necessary, only a valid VISA.
Self-attestation is required for all papers. 

THE SPECIAL MARRIAGE ACT, 1954

The special marriage legislation does not require any religious rituals to be performed in order for the marriage to be complete. A Marriage Officer can both solemnize and register the marriage. However, some requirements are listed in section 4 of this act for a marriage to be legally legitimate. These are the following:

1. Neither party shall have a live spouse at the time of the marriage; 

2. Both parties must be of sound mind and capable of consenting to the marriage.

3. Despite their ability to give legal consent, none of them has been diagnosed with a mental illness severe enough to render them unfit for marriage and childbearing.

4. The parties are not within the degrees of prohibited relationship unless a custom governing at least one of the parties permits marriage between them;

5. The bridegroom should be 21 years old and the bride should be 18 years old, and the parties are not within the degrees of prohibited relationship unless a custom governing at least one of the parties permits marriage between them.

A male and any of the people listed in Part I of the First Schedule, and a woman and any of the people listed in Part II of the same Schedule, are in banned relationships to varying degrees. The following are some of the aspects of the relationship:

(a) half or uterine blood relationship as well as full blood relationship;

(b) illegitimate blood relationship as well as legitimate; 

(c) adoption as well as blood relationship;

Procedure for registration

1. Both parties desiring to register their marriage under this act must notify the Marriage Registrar of the District where either of the parties has resided for 30 days immediately before the day on which such notice is provided in writing on prescribed forms.

2. A copy of the notice is posted on the registration office's notice board, requesting any objections, and a copy is delivered by registered mail to both parties at the addresses provided.

3. If no objections are received within 30 days, the marriage will be solemnized. In the event of an objection, the marriage officer conducts an investigation, and the marriage is solemnized once the investigation is completed.

4. A deposit of Rs. 150/- shall be made with the District cashier, and the receipt should be attached to the application form.

5. Following that, both parties, along with three witnesses and essential identity documents, must be present on the date of registration.

Documents required

1. Proof of Address- Voter ID, Ration Card, Passport, Driving License 

2. Proof of Date of Birth of both husband and wife (Matriculation Certificate / Passport / Birth Certificate) 

3. ID proof document – Aadhar card or PAN card 

4.2 passport size pictures

5. Death certificate of the deceased spouse if any of the parties was married 

6. If one of the partners is a foreigner, no Impediment Certificate / NOC from the relevant Embassy is necessary and a valid VISA is required.

ONLINE MARRIAGE CERTIFICATE

Marriages can be registered online in several Indian towns and states, but not all of them. Applying for a marriage certificate online is a straightforward procedure. Follow the steps outlined below;

• Go to the government website and search for Online Marriage Registration.
• Continue by selecting your district. 
• Select "Registration of Marriage Certificate" 
• Fill up the data for your husband. 
• Select an appointment date 
• Click "Submit Application" to complete the Marriage Certificate form.

Following submission, you will receive an acknowledgment sheet with all of the pertinent facts of your appointment as well as directions to follow. Print the appreciation slip as well as the application form. Visit the office with the accompanying papers on the scheduled appointment day to obtain the marriage certificate from SDM.

The method for registering a marriage in India is as follows. The Foreign Marriage Act of 1969 specifies the procedure for an Indian who wishes to marry in another nation. The conditions set out in Section 4 of this act are the same as those set forth in Section 4 of The Special Marriage Act. The procedure is that the parties must notify the district's marriage official, as stated above. Both the Hindu Marriage Act and the Special Marriage Act have relatively easy marriage registration procedures that do not require legal assistance.