In India, it is mandatory to register one’s marriage to be legally legalized. Marriage registration provides individuals with a marriage certificate as proof of their marriage. A marriage can take place between two Hindus or between a man and woman belonging to any religion, caste, or creed. It can also be between an Indian and a foreigner.
Marriage Special Marriage Act, 1954- Registered under Court Marriage
This is termed as Court Marriage. Court marriage can be solemnised between between a male and female belonging to different religion, caste, creed or between an Indian and a foreign national. Court marriages do not require any rituals. The two individuals can directly appear before the Registrar and apply for the Registration. In this there is solemnisation of marriage between two individuals.
Procedure For Registering Marriage Under Special Marriage Act, 1954
The following steps or procedures are required for marriage under the Court Marriage or Special Marriage Act:
Both parties should file a prescribed marriage notice in the prescribed form to the marriage registrar of that district. It should be filed at the place where either of the parties resided immediately for 30 days, on which such notice is given.
Notice is published on the notice board for objections if this notice is published or if any
At the expiration of 30 days from the date of notice for the intended marriage, if no objections have been received, the marriage will be annulled.
Three witnesses will be present for both parties and they will sign the register.
Types of Marriage Registration
Marriages in India can be registered under any of these Acts:
1 Hindu Marriage Act, 1955
2 The Special Marriage Act, 1954
3 The conditions to be fulfilled for a valid Hindu marriage are as follows:
The groom should have completed 21 years and the bride should have completed 18 years.
No party should have a spouse at the time of marriage
Neither party suffers from any mental disorder, or is mentally unable to make decisions at the time of marriage or is ineligible for marriage due to such mental disorder or is subject to recurring attacks of insanity.
The two parties are not to be related to each other within the prohibited degrees prescribed by the Hindu Marriage Act, unless the custom or usage governing each of them permits such marriage.
Unless the custom or use of marriage is allowed between the two, the two parties should not have the support of each other.
Documents Required for Registration of Marriage
- Application form signed by both the parties
- Address proof document
- ID proof document
- Date of birth proof document
- 2 passport size photographs
- Death certificate of the previous spouse if either of the parties was married and obtained a divorce decree legally.