Weddings in India are, simply, grand ceremonies that are often held from the day the child is born. However, with all the fun and haste, what should not be missed is to get your marriage registered at the earliest.
In India, marriage can be registered under the Hindu Marriage Act 1955 or the Special Marriage Act 1954. To be eligible for marriage in India, the minimum age is 21 years for men and 18 years for women. To avoid further confusion, Here is your ultimate guide to register your marriage in India. There are 2 ways to register your marriage in India one is online and the other is offline. We have explained each of them in detail below.
Importance of Marriage Registration
Marriage registration is an absolute requirement to legally certify your marriage in India. Marriage certificate is an important document required to apply for a passport, buy any type of property, or apply for a partner visa. It is valid proof of your being legally married with your partner. Hence, you must remember that registering your marriage is a wise step to secure your future.
Online Marriage Registration
Like most aspects of India today, it is readily available online. Avoid the hassle of standing in queues and making multiple visits to the marriage registrar. Instead, you can simply fill and submit the online form and meet the registrar on the day of appointment. The steps to be followed to register your marriage online are:
- Go to the state’s official website
- Click on Marriage Registration Online
- Fill the form with all the required details of yourself and your spouse
- Additionally, submit the marriage registration form.
- The marriage registrar will call you on a appropriate date and time
- For verification purposes, You have to Carry all the documents and two witnesses of your marriage.
Offline Marriage Registration
Under any of these Acts, Marriages can be registered offline in India:
- Hindu Marriage Act of 1955
- Special Marriage Act of 1954
Marriage Registration under Hindu Marriage Act
The Hindu Marriage Act is practiced by Hindus. The Hindu Marriage Act applies in cases where both the husband and wife are Hindus, Buddhists, Jains or Sikhs, or where they have transformed to any of these religions.
Procedure for Registration under Hindu Marriage Act
The first step in Hindu marriage registration is to apply for the sub-registrar. Similarly, after marriage is performed according to Hindu customs and rituals, The parties have to apply to the Registrar of Marriage or Tehsildar of the district where either of the parties consists or where the marriage took place. The following points should be kept in mind while registering the marriage.
1 – The marriage should be registered within one month from the date of marriage.
2 – No notice is needed in Hindu marriage registration.
3 – Both the parties have to fill the application form.
4 – The following documents have to be submitted:
- Two photos of wedding ceremony
- wedding invitation
- ID proof
- Address
- Date of birth
5 – Self-declaration affidavit (attested by a notary) .
6 – Similarly, the guardian or parents of each party should be present.
7 – Both the parties have to sign in the presence of three witnesses.
Under the Hindu Marriage Act 1955, certain conditions have to be fulfilled for the marriage between the parties to be considered legal and valid. These conditions have been specified under Sec. 5 more sec. 7 of the Act. Further, under section 5 of the Hindu Marriage Act of 1955, The marriage is considered valid only if both are Hindus. If one of the parties to the marriage is a Muslim or a Christian, the marriage will not be a valid Hindu marriage. Without a marriage certificate, divorce cannot be legally processed.
A marriage can be solemnized among any two Hindus if the following circumstances are satisfied:
- If not either party has a spouse living at the time of the marriage
- If either party is incapable of giving valid consent by reason of unsoundness of mind
- Despite being capable of giving valid consent, None of them is suffering from any mental disorder nor is considered legally unfit for marriage and procreation of children
- If none of them has been a victim of frequent insanity or fits of epilepsy
- Moreover, the bride must have attained the age of 18 years and the groom must have attained the age of 21 years at the time of marriage.
- The parties are not within the degree of restricted relationship except the custom or usage governing each of them allows a marriage among the two
- The parties are not descendants of the other (Sapindas), unless the custom or usages governing each of them permits a marriage between the two.
Degree of Forbidden Relationship
Two persons are said to fall under the degree of prohibited relationship:
- If one of them is a descendant of the other
- If one was the husband or wife of a lineal ancestor or descendant of the other
- Further, if one of them was a brother’s wife or father’s or mother’s brother or grandfather’s or grandmother’s
- And if they were brother and sister, aunt and nephew, uncle and niece, or children of brother and sister, or two brothers or two sisters.
Marriages falling under the above categories will be treated as void.
Exception: Custom plays an important role here, i.e., if there is a custom governing the parties, they can marry even if they fall under the degree of prohibited relationship.
Punishment: A marriage solemnized between the parties within the degree of prohibited relationship is deemed to be null and void.
In addition, the parties to such marriage shall be punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to ₹ 10,000/-, or with both.
Marriage Registration under Special Marriage Act
The Special Marriage Act administers all citizens of India. Marriages performed under this act are called ‘court marriages’. Also, any person, irrespective of religion, can solemnize and register their marriage under the Special Marriage Act 1954. Further, notice has to be given to persons desirous of registering a marriage under this Act. in writing in the prescribed forms to the Marriage Officer concerned for this purpose, in whose jurisdiction at least one party to the marriage has resided for at least 30 days instantly preceding the date on which the notice is disposed
Procedure for Registration of Special Marriage
1 – A copy of the notice is pasted on the notice board of the Registration Office, and a copy of the notice is sent to the Marriage Officer of the area where the present/permanent address of both the parties is for publication of the same.
2 – Further, after the expiry of one month from the date of publication of the notice, if no objection is received, the marriage may be solemnized
3 – In case of objection, the marriage offer conducts an inquiry, and the marriage is solemnized after the inquiry concludes.
4 – Similarly, on the day of solemnization, three public witnesses plus documents for basic identification are needed for the marriage certificate to be issued. The basic identification documents required include
- Proof of Age
- Address of both parties
- Affidavit
- Marital status
- Fit mental condition
- Non-relationship among the parties within the degree of constraint
- Passport-size photographs and
- Three witnesses solemnize the marriage
5 – Hereafter, the couple should apply to have their marriage registered and get an official marriage certificate document from the registrar.
No religious ceremonies are a prerequisite for a marriage to be complete, according to this law.
FAQ
Q. How to get marriage certificate?
For applying for Marriage certificate, you should have the below mentioned documents:
Fill the online marriage registration form, by providing the required documents.
Booking an appointment at marriage register office.
Once you confirm with us we will book an appointment at register (the date you choose will be after 1 month) office where you have to give your single visit with 3 Witnesses and their documents.
Get the Marriage Registration Certificate in 1 month.
Q. What are the documents required for marriage certificate?
For applying for Marriage certificate, you should have the below mentioned documents:
1. Proof of Address- Voter ID/ Ration Card/ Passport, Driving License.
2. Passport size photo.
3. Aadhar card.
4. Marriage invitation or bill of the location.
Q. How do I get a copy of marriage certificate
To get a copy of Marriage certificate you have to visit the General Registrar Office and apply to get a copy of marriage certificate.
Q. How much does it cost to get a marriage certificate?
There is no specific charge for getting a marriage certificate, the charges differs as per the case.
Q. Do I need to visit marriage Registrar Office?
Yes, After filling the draft there will be one visit at SRO where all the members need to be present. Registrar might ask some questions for their verification.
Q. What is the validity of the Marriage certificate?
Till the couple remains in the relationship the marriage certificate is valid.
Q. What if we have corrections to be done in the Marriage Registration Certificate?
There is no need to pay hefty amount just Apply with an application to same register office where you have already registered your certificate.
Q. What is marriage registration?
Marriage registration is the process of legally recording a marriage with the government. It is done to ensure that the marriage is legally recognized and to provide proof of marriage for legal and administrative purposes.
Q. Is marriage registration compulsory in India?
No, marriage registration is not compulsory in India. However, it is recommended as it provides legal proof of marriage and can be useful in various administrative processes such as obtaining a passport, visa, or other government documents.
Q. Who can apply for marriage registration?
Either the bride or the groom can apply for marriage registration in India. However, both parties must provide their consent and signatures on the application form.
Q. What is the age requirement for marriage registration in India?
The legal age of marriage in India is 18 years for females and 21 years for males. Therefore, both parties must be of legal age to apply for marriage registration.
Q. What documents are required for marriage registration in India?
The following documents are required for marriage registration in India:
- Application form signed by both parties
- Proof of age and identity (such as birth certificate, passport, or Aadhaar card)
- Proof of residence (such as utility bill or rental agreement)
- Two passport-size photographs of each party
- Marriage invitation card (optional)
- Marriage certificate from the religious institution where the marriage was solemnized (if applicable)
Q. How long does it take to get a marriage certificate in India?
The time it takes to get a marriage certificate in India can vary depending on the state and district. Generally, it takes between 15-30 days to receive the certificate after submitting the application.
Q. How much does it cost to get a marriage certificate in India?
The cost of getting a marriage certificate in India can vary depending on the state and district. Generally, the cost ranges from Rs. 100 to Rs. 500.
Q. Can a marriage be registered after the wedding ceremony?
Yes, a marriage can be registered after the wedding ceremony. In fact, it is recommended that the marriage be registered as soon as possible after the ceremony.
Q. Can a marriage be registered in a different state from where it was solemnized?
Yes, a marriage can be registered in a different state from where it was solemnized. However, the application process and requirements may vary from state to state.
Q. Can foreigners get married and register their marriage in India?
Yes, foreigners can get married and register their marriage in India. However, they must meet the eligibility criteria and follow the application process and requirements set by the state and district where they wish to register their marriage.