What is the Process of Marriage Registration in India?
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 fulfills all the requisite conditions for a valid marriage. 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. To obtain a marriage certificate, the required documents along with the marriage registration form are submitted to the Registrar which has jurisdiction over the area where the husband and wife have been residing for a period of at least 6 months.
Marriage Registration in India – Process
Once the documents and forms are accepted by the Registrar, the marriage certificate is granted. A marriage between two people of different religions, castes or creeds can be registered under the Special Marriage Act. When the bride and groom have not been married priorly and need to get married first, the process of a court marriage would be applicable. When the marriage ceremony has been performed already, a marriage certificate can be issued after giving public notice of 30 days.
The marriage certificate is issued in 30 days if the Marriage Registrar receives no objections against the notice during this period. There are documents to register the marriage, some important are mandatory ones for formal purposes.
An application form signed by both husband and wife. Proof of birth including the passport, birth certificate or matriculation certificate. In the case of the Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days. Affidavit by the bride and groom mentioning the date and place of their marriage, date of birth, nationality and marital status at the time of marriage.
Proof of marriage like the marriage invitation card or photographs. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per the Hindu Marriage Act or Special Marriage Act as the case may be. There are some specific procedures when it comes to court marriage registration.
Court marriage can only be performed if certain conditions are met. These conditions include: The bride and groom must not have a living spouse at the time of court marriage. The groom must be of 21 years old and the bride must be 18 years old. Both parties must give their consent to the marriage without any force, coercion or undue influence. The bride and groom must not be within the degrees of prohibited relationships.
However, if the customs governing any one of them allows such marriage, the degree of prohibited relationships will not be applicable. The court marriage procedure includes the following steps: The bride and groom need to inform the Marriage Officer about their intention to get married and submit a notice.
The notice for court marriage must be filed in the prescribed format and with the Marriage Registrar of the district in which any one of them has been living for a period of more than 30 days. The notice of the intended marriage is published by the Marriage Registrar to invite any objections against the marriage. After 30 days, the marriage is solemnized in the presence of 3 witnesses and the Marriage Certificate is issued by the Registrar.
To conclude, when a marriage registers it’s not a process which is for a day or more. This whole procedure of marriage registration is a month procedure with specific dates and timings. This whole public procedure goes well flooded with Hindu culture and marriage dates, which makes it clear that what are the heavy months, dates and timings for marriage registration.