Procedure for Registering a Marriage in India

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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.

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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:

1. Hindu Marriage Act of 1955
2. 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:

1. If not either party has a spouse living at the time of the marriage
2. If either party is incapable of giving valid consent by reason of unsoundness of mind
3. 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
4. If none of them has been a victim of frequent insanity or fits of epilepsy
5. 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.
6. 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
7. 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

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