MARRIAGE REGISTRATION
Marriage Registration Online
A marriage is said to be registered when the marriage certificate is obtained as the legal document making it official that the marriage has taken place. A marriage can be registered when the ceremony has already taken place between two people and it fulfils all the requisite conditions for a valid marriage.
What is a Marriage certificate?
A Certificate of Marriage provides proof of marriage, social security and is useful in obtaining visas for spouses to travel together. Obviously, verbal statement won’t be the evidence. You need a proof to support what you’re saying. The judiciary of any country will approve it. Like a bachelorhood certificate, the marriage certificate in India is a legal approval of your matrimony. If you would have asked for it before 2006, this kind of registration was optional. But now, it’s not. The Apex court came with this legislation to secure the legal rights of a woman. In all, women would be more protected through this registration.
Hindu Marriage Act 1955
The Hindu Marriage Act, 1955 lays down the provisions for marriage registration for Hindus including Buddhists, Jains and Sikhs. The Special Marriage Act, 1954 is the secular law that makes it possible for people from different religions, castes and creed to get married and get their marriage registered.
Pre – Process requirements:
- Address proof: passport, driving license, gas bill, ration card, voter ID
- Proof of residence must be from the city in which the marriage is being registered.
- Application of marriage form filled.
- Five photographs of the couple in size 2B. Joint photo of bride and groom with signatures over such photo.
How the Application for Marriage Certificate works
Application for marriage filled in the prescribed form with:
- Name and Address of bridegroom and bride
- Signature of bride and bridegroom,
- Signature of 3 attesting witnesses present at the time of marriage along with their name and address,
- Joint photo of bride and bridegroom with a signature over each photo should be presented to the Registrar of Marriage.
- Marriage officer will verify the contents of the application and records. He will issue a Certificate of Marriage if he is satisfied that the records produced are in accordance with the law
Special Marriage Act
It applies to all irrespective of religion, caste, language.
Pre – Process requirements:
In case you are planning to apply for a certificate post/prior to your marriage, here are some points to be noted carefully for solemnizing the same:
- The parties cannot be married to anyone else, without a proper legal termination of that marriage having taken place.
- Any one of the parties cannot be of unsound mind and incapable of giving voluntary consent to the marriage.
- Any one of the parties can be capable of giving voluntary consent, but of unsound mind and incapable of bearing children due to the same. Those of unsound mind cannot be eligible for solemnizing a marriage.
- Those who are within the criteria of prohibited relationships are also ineligible, unless they can marry with permission according to the usage of customs or usage governing them.
Special Marriage Act | Process Flow
- The bridegroom and bride should give a notice of intended marriage 30 days in advance of solemnization along with the prescribed fees. They must have lived continuously for not less than 30 days within the jurisdiction of the Marriage Officer before giving the notice.
- If no objections are received within 30 days from the date of notice of intended marriage, the bridegroom and bride should appear before the Marriage Officer within the next 60 days after the lapse of 30 days from such a notice along with three witnesses for solemnization of the Marriage.
- The Marriage Officer after following the prescribed procedure under the Act and rules will solemnize the marriage. If the marriage is not solemnized within 90 days from the date of notice, a fresh notice has to be issued.
- The Marriage Officer will administer an oath in the prescribed form, solemnize the marriage and issue a certificate of marriage.
- The bride, bridegroom and three witnesses shall sign the declaration and the certificates of marriage.