FAQs About Marriage Registration in India

Here are detailed answers to the most commonly asked questions about the marriage registration process in India:

1. Is marriage registration mandatory in India?

Yes, marriage registration is mandatory as per the directions of the Supreme Court of India. It ensures legal recognition and validity of the marriage and acts as proof for various legal and administrative purposes. While traditionally conducted religious ceremonies might not suffice, the registration process formalizes the marriage in the eyes of the law.

2. Under which Acts can a marriage be registered in India?

Marriages in India can be registered under the following Acts:

Hindu Marriage Act, 1955: For Hindus, including Buddhists, Sikhs, and Jains, who solemnize their marriage according to religious customs.
Special Marriage Act, 1954: For individuals from different religions or those opting for a civil marriage. This Act also applies to couples who did not undergo a religious ceremony but want to register their marriage.

3. What is the minimum age required for marriage registration?

The minimum age for marriage registration is:

21 years for the groom.
18 years for the bride.
Proof of age, such as a birth certificate or school-leaving certificate, must be submitted during the registration process.

4. Can a marriage be registered if one partner is not an Indian citizen?

Yes, marriages involving foreign nationals or NRIs can be registered in India. In such cases, the procedure typically follows the Special Marriage Act, 1954, as it provides for inter-religion and international unions. Additional documents like a valid visa, passport, and no-objection certificate (NOC) from the foreign national’s embassy may be required.

5. What documents are required for marriage registration?

The essential documents for marriage registration are:

Application form signed by both parties.
Proof of identity (Aadhaar, passport, PAN card, voter ID).
Proof of address (ration card, utility bill, or rental agreement).
Age proof (birth certificate, 10th-grade mark sheet).
Passport-size photographs.
Invitation card or marriage photograph (under Hindu Marriage Act).
Witness identity proofs.
Divorce or death certificate (if applicable).

6. Can a marriage be registered online?

Yes, many states in India provide an online marriage registration facility. Couples can:

Visit the official government portal of their state.
Fill in the online application form.
Upload scanned documents.
Book an appointment with the Sub-Registrar for verification.
However, both parties must appear physically before the Sub-Registrar for the final step.

7. How long does it take to complete the marriage registration?

The duration depends on the applicable Act:

Hindu Marriage Act: Usually completed on the same day or within 1–7 days of document verification.
Special Marriage Act: Requires a mandatory 30-day notice period, during which objections can be raised. If no objections are filed, the marriage is registered soon after the notice period ends.

8. What happens during the 30-day notice period under the Special Marriage Act?

When a couple files for marriage under the Special Marriage Act:

A public notice is displayed at the Sub-Registrar’s office.
This allows individuals to raise valid objections (if any).
Common objections include existing marriages, failure to meet age requirements, or violation of the degrees of prohibited relationships.
If objections are raised, they are adjudicated by the Marriage Registrar before proceeding.

9. How many witnesses are required for marriage registration?

Hindu Marriage Act: At least two witnesses must be present at the time of registration.
Special Marriage Act: Requires three witnesses to sign and validate the marriage during the registration.

Witnesses must provide identity and address proof and confirm the solemnization of the marriage.

10. Can a marriage be registered years after it is solemnized?

Yes, there is no strict time limit for registering a marriage. Couples can register their marriage years after the ceremony, provided they meet the documentation requirements. Proof of solemnization (such as photographs, an invitation card, or witness statements) must be submitted.

11. What fees are involved in marriage registration?

Marriage registration fees vary by state and the Act under which registration is sought:

Hindu Marriage Act: ₹100–₹500.
Special Marriage Act: ₹150–₹1,000 (includes the cost of notice publication).

Exact fees should be verified with the local Sub-Registrar’s office.

12. What should be done if there are errors in the marriage certificate?

In case of errors in the marriage certificate, couples should:

Contact the issuing Sub-Registrar’s office.
Submit an application for correction along with supporting documents (e.g., identity proof for name corrections).
Pay the nominal correction fee.

13. Is there a penalty for not registering a marriage?

While there is no direct penalty for failing to register a marriage, unregistered marriages may create legal hurdles. For instance, without registration:

Couples may face difficulties in applying for visas or passports.
Proof of marriage may be questioned in legal disputes or inheritance cases.
Marriages may lack legitimacy in international legal matters.

14. Can objections during the notice period stop a marriage registration under the Special Marriage Act?

Yes, objections can delay or halt the registration process. If objections are raised:

The Registrar investigates their validity.
Common objections include issues with age, mental capacity, or existing marriages.
If the objection is resolved in favor of the couple, registration proceeds. Otherwise, it is withheld.

15. Can court marriages and registrations be done on the same day?

Under the Special Marriage Act, this is not possible because of the mandatory 30-day notice period. However, under the Hindu Marriage Act, marriages conducted ceremonially can often be registered on the same day.

16. Is the presence of both partners mandatory at the time of registration?

Yes, both individuals must be physically present at the Sub-Registrar’s office during the final verification and issuance of the marriage certificate. Proxy appearances are not allowed.

17. What are the benefits of registering a marriage?

Legal proof: Establishes the legal validity of the marriage.
Immigration: Essential for visa or passport applications.
Bank and insurance: Required for financial matters like joint accounts and insurance policies.
Property rights: Facilitates inheritance and property claims.
Safeguard: Helps prevent fraudulent marriages or disputes.

18. Can a marriage between minors be registered?

No, marriages between minors cannot be registered as they are prohibited under the Prohibition of Child Marriage Act, 2006. Both parties must meet the age criteria of 18 (for brides) and 21 (for grooms) at the time of registration.

19. Can a registered marriage be annulled?

Yes, marriages can be annulled based on grounds such as fraud, coercion, bigamy, or lack of consent. Annulment requires filing a petition in the appropriate court and following due legal procedure.

20. Is interfaith marriage easier under the Special Marriage Act?

Yes, the Special Marriage Act is specifically designed to facilitate interfaith or civil marriages. It eliminates the need for conversion and provides a legal framework for registering such unions.

Conclusion

Understanding the rules and procedures of marriage registration is crucial to ensure compliance with the law. It not only legitimizes the union but also safeguards the rights of both partners. If you have further doubts or face complexities, consult with a legal expert or marriage lawyer to navigate the process smoothly.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304