In India, it is compulsory to register one’s marriage to make it legally valid. Registration of marriage provides a marriage certificate to the individuals as a proof of their marriage. A marriage can be between two Hindus or between a male and female belonging to any religion, caste or creed. It can also be between an Indian and a Foreigner.
Why is it Necessary to Register Marriage?
Once you register the marriage then a marriage certificate is given to you. A marriage certificate is always very useful at the time of applying for passport, or changing the maiden name of females etc. a marriage certificate is a valid proof of you being legally married to your partner.
Types of Marriage Registration
Marriages in India can be registered under any of these Acts:
The Hindu Marriage Act,1955
The Special Marriage Act,1954
The conditions to be fulfilled for a valid Hindu marriage are as follows:
The bridegroom should have completed 21 years and the bride should have completed 18 years of age.
neither party should have a spouse living at the time of marriage
neither party is suffering from any mental disorder, or mentally incapable of making decisions at the time of marriage or unfit for marriage due to such mental disorder or is subject to recurrent attacks of insanity.
Both parties should not be related to each other within the prohibited degree of relationship as prescribed by the Hindu Marriage Act unless the custom or usage governing each of them permits such marriage.
Both parties should not be sapindas of each other unless the custom or usage permits of a marriage between the two.
Marriage Registered Under Special Marriage Act, 1954- 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
Court marriage or marriage solemnised under the Special Marriage Act requires the following steps or procedure to be followed:
Both parties should file a Notice of intended marriage in the prescribed form to the marriage Registrar of that District. This should be filed in the place where either of the parties have resided for 30 days immediately preceding the date on which such notice is given.
This notice is published or put-up on the notice board calling for objections if any
On expiry of 30 days from the date of notice for intended marriage, the marriage shall be solemnised if no objections are received.
Three witnesses shall be present for both parties and they shall sign in the Register.
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.
Marriage Registered Under Hindu Marriage Act, 1955
This is for marriage only between two Hindus. In this there is no solemnisation of marriage. It involves only the registration of an already solemnised marriage. The Hindu Marriage Act is applicable only to Hindus, Sikhs, Buddhists and Jains or when someone is converted to these religions.
Procedure for Registration of Hindu Marriage
After the marriage is solemnised and conducted as per the Hindu customs and rituals, the parties have to apply to the Registrar of Marriage or the Tahsildar of their District where either of the parties resides or where the marriage took place.
The parties should register the marriage within one month from the date of marriage.
There is no notice required in Hindu marriage registration.
Both parties should fill the application form.
They have to submit two photographs of the marriage ceremony.
They should also attach their Wedding card.
They have to submit document in proof of their ID
They have to submit document in proof of their address.
They have to submit document in proof of their date of birth.
An affidavit of self declaration mentioning that each party is not having a spouse living or that they are not prohibited relationships or sapindas of each other should be attached. The affidavit should be Notary attested.
Guardians or parents of each party should be present.
Both parties have to sign the Register in the presence of three witnesses.
After few days of applying the parties will receive the Marriage Certificate.
Create Your Own Marriage Affidavits
If you are married and looking out to register your marriage, then all you need is to find the proper guidance and knowledge of the procedure. You will need the affidavit for registration, self declaring that you are eligible for the marriage according to the rules of the Marriage Act whichever is applicable to you. Just click the link below to request for a marriage affidavit online.