REG­IS­TRA­TION OF MAR­RIAGE IN IN­DIA

Libertatem Magazine - - Igniting Minds -

IN­TRO­DUC­TION:

In In­dia mar­riages can be reg­is­tered un­der the Hindu Mar­riage Act, 1955 or un­der the Spe­cial Mar­riage Act, 1954. It is a le­gal proof you are mar­ried and the most vi­tal doc­u­ment of a mar­riage. In 2006, the Supreme Court made it com­pul­sory to regis­ter the mar­riage for the women pro­tec­tion. To be el­i­gi­ble for mar­riage, the min­i­mum age limit is 21 for males and 18 for fe­males. The par­ties to a Hindu mar­riage should be un­mar­ried or di­vorced, or if pre­vi­ously mar­ried, the spouse by that mar­riage should not be alive. In ad­di­tion, the par­ties should be phys­i­cally and men­tally healthy and must not be re­lated in a way pro­hib­ited by the law.

The Hindu Mar­riage Act is ap­pli­ca­ble only to the Hin­dus, whereas the Spe­cial Mar­riage Act is ap­pli­ca­ble to all cit­i­zens of In­dia. All the mar­riages sol­em­nized in­ter caste or be­tween an In­dian and a for­eigner would be reg­is­tered un­der spe­cial mar­riage act. Once a mar­riage is reg­is­tered un­der spe­cial mar­riage act, they would al­ways be gov­erned by the pro­vi­sions of spe­cial mar­riage act.

The Hindu Mar­riage Act pro­vides for reg­is­tra­tion of an al­ready solem­nised mar­riage. It does not pro­vide for solem­ni­sa­tion of a mar­riage by the Regis­trar. The Spe­cial Mar­riage Act pro­vides for solem­ni­sa­tion of a mar­riage as well as reg­is­tra­tion by a Mar­riage Of­fi­cer.

PRO­CE­DURE:

For mar­riage which is to be reg­is­tered af­ter mar­riage is sol­em­nized be­tween the par­ties i.e mar­riage is per­formed ac­cord­ing to re­li­gious rites and rit­u­als.

UN­DER HINDU MAR­RIAGE ACT

•For Mar­riage Reg­is­tra­tion un­der Hindu Act: You can ap­ply at of­fice of the Sub-di­vi­sional Mag­is­trate in whose ju­ris­dic­tion the hus­band or wife re­sides, at least six months pre­ced­ing the date of mar­riage, on any work­ing day.

•Fill the Ap­pli­ca­tion form duly signed by both hus­band and wife.

•Ver­i­fi­ca­tion of all the doc­u­ments is car­ried out on the date of ap­pli­ca­tion and a day is fixed for the ap­point­ment and com­mu­ni­cated to the par­ties for reg­is­tra­tion.

•On the said day, both par­ties, along with a Gazetted Of­fi­cer who at­tended their mar­riage, need to be present be­fore the ADM. The Cer­tifi­cate is is­sued on the same day.

DOC­U­MENTS RE­QUIRED TO BE SUB­MIT­TED

Re­quire­ments for doc­u­ments may dif­fer from state to state but some of the nec­es­sary doc­u­ments are:

•Com­pletely filled ap­pli­ca­tion form signed by both hus­band and wife

•Proof of Ad­dress- Voter ID/ Ra­tion Card/ Pass­port, Driv­ing Li­cense of both hus­band and wife

•Proof of Date of Birth of both hus­band and wife •2 pass­port sized pho­to­graphs, 1 mar­riage pho­to­graph

•Sep­a­rate Mar­riage Af­fi­davits in pre­scribed for­mat from Hus­band & Wife

•Aad­haar Card •All doc­u­ments must be self at­tested. •Mar­riage In­vi­ta­tion Card

•If mar­riage was sol­em­nized in a re­li­gious place, a cer­tifi­cate from the priest is re­quired who sol­em­nized the mar­riage

•Af­fir­ma­tion that the par­ties are not re­lated to each other within the pro­hib­ited de­gree of re­la­tion­ship as per Hindu Mar­riage Act or Spe­cial Mar­riage Act as the case may be

•At­tested copy of divorce de­cree/or­der in case of a di­vorcee and death cer­tifi­cate of spouse in case of widow/wid­ower

•Af­fi­davit by the Hus­band and Wife: An Af­fi­davit (or Ap­pli­ca­tion)should be sub­mit­ted along with the Mar­riage Mem­o­ran­dum. The af­fi­davit word­ing dif­fers from state to state; but most af­fi­davits have a dec­la­ra­tion by the hus­band and wife stat­ing that a valid mar­riage, with stat­ing place and date of mar­riage, date of birth, mar­i­tal sta­tus at the time of mar­riage and na­tion­al­ity, was sol­em­nized be­tween them and the in­for­ma­tion in the ap­pli­ca­tion form is cor­rect.

COST OF REG­IS­TRA­TION:

The ba­sic cost of reg­is­tra­tion dif­fers from state to state; it is how­ever in be­tween Rs. 100-200.

UN­DER SPE­CIAL MAR­RIAGE ACT

The In­dian Spe­cial Mar­riage Act is for those who don’t opt the re­li­gious way of mar­riage, i.e. those who pre­fer other meth­ods of get­ting mar­ried apart from the re­li­gious meth­ods such as court mar­riage.

The spe­cial mar­riage act also cov­ers the re­quire­ments of court mar­riages in In­dia. Court mar­riage can be be­tween an In­dian male and a fe­male ir­re­spec­tive of their caste, re­li­gion or creed. It can also be be­tween an In­dian and a for­eigner, rules of which have been al­ready ex­plained just

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