Procedure of Marriage Registration in India

Published on 11 Sep 2018 by Shreya

The Supreme Court, in the recent years, has made marriage registration compulsory in India irrespective of the religion. This move of the Supreme Court came after viewing a number of cases where women were seen to be fighting for their right to maintenance and child custody against claims of non-legality of the marriage from the opposite parties. The Supreme Court further directed all States and the Centre to frame and notify rules for the same. The Supreme Court further kept the Governments on a tight schedule to come up with the rules for marriage registration on the basis of the rules already framed by the Apex Court.

There are many advantages of Registration of Marriages in India:

  • The marriage certificate acts as proof of marriage between the parties
  • The marriage certificate becomes necessary as proof of marriage at the time of acquiring a succession certificate
  • The marriage certificate may be necessary for many other such legal processes and procedures
  • The marriage registration certificate is necessary at the time of transfer of property or child custody issues at the time of divorce proceedings
  • The certificate is mandatorily required for the visa process when one of the spouses is working abroad and wants to take the other along
  • If a person intends to enter into a second marriage after the dissolution of the first marriage, marriage certificate becomes necessary

READ:Special Marriages in India

Conditions For Marriage Registration

Marriages in India may essentially be registered under the Hindu Marriage Act, 1955, when both parties are Hindus as defined under the Act or under the Special Marriages Act, 1954, when either the husband or the wife is not a Hindu. Registration of a marriage also necessitates that all conditions of a valid marriage are fulfilled for the purpose of obtaining the registration. The conditions of a valid marriage that need to be followed is as follows:

  • That the bride and the groom are of legal marriageable age, i.e., the groom is above 21 years of age and the bride is above 18 years of age.
  • That neither parties have a living spouse at the time of the marriage from whom they haven’t been legally separated.
  • That neither party is incapable of giving valid consent owing to such circumstances as unsoundness of mind.
  • That although capable of giving consent, neither party has been suffering from mental disorder to such extent as may incapacitate them from entering into a valid marriage and the procreation of children.
  • That neither parties are prone to recurrent attacks of epilepsy or insanity
  • That the parties do not fall under the degrees of prohibited relationship unless such marriage is permitted as per custom or usage in their particular community
  • That the parties are not Sapindas of each other

Procedure To Apply For Marriage Registration

You may apply for Marriage Registration in India in the following manner:

  • You must apply at the office of the Sub-Divisional Magistrate in whose jurisdiction you and your spouse reside on any working day
  • You must fill the requisite application form duly signed by you and your spouse
  • The Magistrate’s office conducts verification of all required documents submitted by you and appoints a date on which the registration shall be carried out that is communicated to you
  • On the appointed date, the parties need to be present before the ADM along with the Gazetted Officer who attended the wedding and the Marriage Certificate is issued on the same day

ALSO READ:Mandatory Registration Of NRI Marriages Within 7 Days

Documents Required For Marriage Registration

You will need to submit the following documents for the purpose of registration of marriage:

  • Application form (also known as Memorandum of Marriage) duly signed by both spouses
  • Passport photos of both spouses
  • Documentary proof of the age of the spouses to ensure that both parties are of marriageable age. You may submit your date of birth certificate, matriculation certificate, passport, or any such other document
  • Residence proof of both spouses. You may submit Aadhar Card, Ration Card, Voter ID or any such other document
  • Marriage card of the customary marriage that took place
  • If the marriage had been solemnized in a religious place (like a temple), you must also submit a certificate from the priest of such religious place
  • Affirmation needs to be given by both parties that they do not fall under the degrees of prohibited relationship and that they are not related
  • An affidavit by both spouses stating the date & place of marriage, date of birth, marital status at the time of marriage and nationality of the spouses must be submitted
  • For a marriage under the Hindu Marriage Act, a fee of Rs. 100 and for a marriage under the Special Marriage Act, a fee of Rs. 150, must be submitted to the cashier at the Registrar’s office and the receipt of the same must be attached with the form
  • If one of the spouses is a widow/widower or a divorce, an attested copy of the death certificate of such other spouse or the divorce decree must also be attached
  • If one of the spouses has converted to another religion, a conversion certificate from the priest who solemnized the marriage must be submitted

You must also register a marriage that had been entered into before the rules of registration had been in place in order to avail all such benefits that come with a valid registered marriage. In addition to the above documents, for a registration of this nature, you need the testimony of two witnesses who were present at the time of your marriage. Once an application is moved along with the required documents, you shall receive the registration certificate on that day itself under the Hindu Marriage Act. In case of an application for registration under the Special Marriages Act, the registration shall take place after one month notice and you will require three witnesses to be present.

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