Marriage Registration Process in India

Process of Marriage Registration in India: A Detailed Guide

Marriage registration in India is a legal requirement to establish the validity of the union and obtain a marriage certificate. This document is essential for many purposes, including legal proof of marriage, visa processing, name changes, and tax purposes. Indian marriages can be registered under two laws: the Hindu Marriage Act, 1955, applicable to Hindus, Buddhists, Jains, and Sikhs, or the Special Marriage Act, 1954, for inter-religion marriages or those who opt for a civil marriage.

Here is a comprehensive guide to the process:

Step 1: Determine the Applicable Act

  1. Hindu Marriage Act, 1955: Applicable if both partners belong to the Hindu religion (including Sikhs, Jains, and Buddhists).
  2. Special Marriage Act, 1954: Suitable for inter-faith or civil marriages where the individuals wish to formalize their marriage through registration without a religious ceremony.

Step 2: Prepare Required Documents

Gather the following documents for marriage registration:

  1. Application Form: Obtain and fill out the application form from the Sub-Registrar’s office or the official state government website.
  2. Proof of Identity: Aadhaar card, PAN card, passport, or voter ID.
  3. Proof of Address: Utility bill, ration card, or rental agreement (should match the jurisdiction of the registrar’s office).
  4. Age Proof: Birth certificate, 10th-grade mark sheet, passport, or Aadhaar card.
  5. Marriage Invitation Card (optional, particularly under the Hindu Marriage Act).
  6. Affidavit: Declaring the place, date, and time of the marriage.
  7. Witness Documents: Identity and address proofs of at least two witnesses under the Hindu Marriage Act and three under the Special Marriage Act.
  8. Marriage Photographs: Passport-size photographs of the couple and a photo of the marriage ceremony.
  9. Divorce or Death Certificate (if applicable): Required for individuals who have been previously married.

Step 3: Choose the Sub-Registrar’s Office

  • Select the Sub-Registrar’s office in whose jurisdiction:
    • Either party resides for at least 30 days, or
    • The marriage ceremony was solemnized (applicable under the Hindu Marriage Act).

Step 4: Submit the Application

  1. Visit the Sub-Registrar’s office with the application form and required documents.
  2. Pay the registration fee, which varies by state (usually ranges from Rs.100 to Rs.1,000).
  3. Under the Special Marriage Act, a notice period of 30 days is required, during which the registrar displays the intent to marry publicly to allow for objections. If no objections are raised, the marriage can be registered.

Step 5: Verification Process

  1. Under both Acts, the registrar will verify:
    • The details provided in the application form.
    • The validity of documents submitted.
    • The eligibility of the couple to marry legally (e.g., minimum age, absence of prohibited relationships).
  2. Witnesses must also provide their statements during verification.

Step 6: Certificate Issuance

  • Once the verification is completed:
    • Hindu Marriage Act: Marriage certificate is issued immediately or within a day.
    • Special Marriage Act: Marriage certificate is issued after the completion of the 30-day notice period and confirmation of no objections.

Eligibility for Marriage Registration

  1. Age Criteria:
    • Groom: Minimum age of 21 years.
    • Bride: Minimum age of 18 years.
  2. Mental Capacity: Both parties must be mentally sound and capable of giving valid consent.
  3. Prohibited Relationships: The couple must not fall within the degrees of prohibited relationships unless allowed by their personal law.

Marriage Registration Fee

The fee varies depending on the state and the Act. Typically:

  • Hindu Marriage Act: Rs.100–Rs.500.
  • Special Marriage Act: Rs.150–Rs.1,000 (inclusive of the notice period fee).

Marriage Registration Online Process

Many states now offer online facilities for marriage registration. Below are the general steps:

  1. Visit the official portal of the concerned state’s registration department.
  2. Fill in the online application form and upload scanned copies of the required documents.
  3. Schedule an appointment at the Sub-Registrar’s office.
  4. Appear in person with witnesses for verification.

FAQs About Marriage Registration in India

1. Is marriage registration mandatory in India?
Yes, it is recommended as per Supreme Court directions to prevent fraudulent marriages and to ensure legal validity.

2. Can marriage registration be done after several years?
Yes, there is no specific time limit for registering a marriage after the ceremony.

3. Can a marriage be registered if one spouse is abroad?
Yes, but the process might require an attested power of attorney and additional documentation.

4. Can a marriage under a religious ceremony be registered without legal proof?
No, witnesses and some form of proof (photos, invitations) are required to validate the ceremony.

5. Can an objection delay the registration under the Special Marriage Act?
Yes, objections need to be legally resolved before the registration process can proceed.

Conclusion

Marriage registration in India ensures legal recognition of the union and safeguards the couple’s rights. It is essential to follow the prescribed procedures and provide accurate documentation to complete the process seamlessly. If in doubt, couples are advised to consult a lawyer for guidance tailored to their specific circumstances.

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

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