How To Get A Marriage Certificate In India: Know The Registration Process?

Introduction

Are you already married but your marriage is not yet registered? Or you are unaware how to legally register your marriage? Are you unsure or confused that where and how you can apply and which law applies to register your marriage? Most of the couple delay their registration due to lack of clear formalities which is a legal risk.

Have you ever wondered that why registration is crucial, whereas you are already married? The marriage registration is your legal proof and is valid all over world. This guide will explain you all about the registration process and assist you in completing the process promptly.

Why you should register your marriage?

It is mandatory to register your marriage because it is the only official proof that your marriage legally exists. In case of non-registration your marriage may be socially accepted by legally its unverified.

The marriage registration in legally recognized under Hindu Marriage Act, 1955 and Special Marriage Act, 1954. Even the Supreme Court has stated that registration of marriage helps to prevent child marriage, fraud and other legal complications.

Which law is right for your Marriage Registration?

Couple usually get confused about the act apply to their marriage. This depends on the religion of couple.

What if both husband and wife are Hindus? If both the husband and wife are Hindus then their marriage should be registered under Section 8 of Hindu Marriage Act, 1955. It includes Hindus, Buddhists, Jains, or Sikhs. This law is applied only when marriage is performed according to Hindu rituals and customs.

Which act applies to inter-religion marriages? If the couple belongs to different religion then the registration is done under Special Marriage Act, 1954. This type of marriage is civil form of marriage and is legally valid irrespective of their caste, religion and faith.

What if both partners are Hindus but belong to different castes?

If the Hindu partners belong to different castes, then their marriage is fully valid under Hindu law. The marriages can be registered under Section 8 of the Hindu Marriage Act, 1955, if the marriage has been performed according to Hindu rituals and carmines or in an Arya Samaj Mandir.

But in case if both the partners want a civil marriage without depending on religious rituals, or they want to prevent caste-based customs and objections, they can also prefer to register their marriage under Special Marriage Act, 1954.

What if the couple has performed marriage in an Arya Samaj Mandir? The Arya Samaj Mandir is considered a valid Hindu marriage. It is performed with Hindu rituals and customs like Havan and Saptapadi. Here, the couple is provided with Arya Samaj marriage certificate, which is a not a legal proof of marriage registration unless it is registered by marriage registrar under Hindu Marriage Act, 1955

What documents are required for marriage registration?

Hindu Marriage Act, 1955:

• Identity proof of both the partners like Aadhaar, PAN, Passport

• Address proof of both the partners like rent agreement, Ration Card or Voter ID

• 3-4 recent passport-sized photographs of both the spouses

• Age proof like Birth certificate or 10th class mark sheet

• Copy of wedding invitation card and wedding photos

• At least 2 witnesses must be present at the time of registration along with their Identity proof

Special Marriage Act, 1954:

• Identity and address proof of both the partners

• 3-4 recent passport-sized photographs of both the partners

• Age proof documents like Birth certificate or 10th class mark sheet

• The compulsory 30-day notice of intended marriage

• At least 3-4 witnesses must be present at the time of registration along with their Identity proof

What is the registration process under the Hindu Marriage Act, 1955?

1. Firstly, the couple can visit the office of local Marriage Registrar

2. All the required documents of both the partners must be submitted with registrar office.

3. Fill the registration form for Hindu Marriage with all the essential details.

4. The Registrar will verify all the documents and both the partners should be physically present, whenever called at the time of registration along with required witnesses.

5. It is compulsory to pay the nominal fee which is paid as per state regulations which is approx. Rs. 100.

6. The Registrar will issue the valid Hindu Marriage Certificate.

Which registrar office should you visit? You can visit the office in the area where the marriage was solemnized, or where either spouse has resided at least 30 days.

After how much time is the Marriage Certificate is issued? The marriage certificate is issued by registrar within 15 – 30 days from the date of verification.

What is the registration process under the Special Marriage Act, 1954?

Under Special Marriage Act, 1954 the foremost step is to submit the notice of intended marriage to registrar office along with the required documents of both the partners. The registrar publishes a 30 days’ notice publically to invite any objections. After no objection the marriage is solemnized at the registrar office in the presence of both the partners and the witnesses. Later the marriage certificate is issued by the registrar.

What type of objection is raised during notice period? The objection can be raised by anyone. The valid objection includes, like underage marriage, one party is already married, prohibited relationship between parties, marriage is done by fraud or without consent.

What can you do if objection is raised – can you proceed further? It is duty of registrar to verify all the objections, it is found to be untrue and invalid then the marriage can proceed.

But, in case if the dispute still arises and registrar refuses to register your marriage then you can approach or file an appeal to district court within 30 days from the date of refusal. If the court confirms that objections are invalid, then it can order the officer to proceed with the registration process.

After how much time is the Marriage Certificate is issued? The marriage certificate is issued by registrar within 30 days from the date of completion of formalities.

Can NRIs Register Marriage in India?

Non-Resident Indians (NRIs) can also legally register their marriage in India. They can register their marriage under:

• Hindu Marriage Act, 1955: If their marriage was solemnized according to Hindu rituals and ceremonies.

• Special Marriage Act, 1954: If both the spouses want interfaith or civil marriage.

NRIs must submit their proof of identity and address, passport sized photographs, OCI card and required witnesses.

What if marriage was performed abroad?

If marriage was performed abroad, it should be register under Special Marriage Act, 1954, but only if either party is resident of India.

You must submit the various documents like notarized copy of the foreign marriage certificate, proof of age, residence and identity, and required witnesses.

Can marriage registration be done online?

The Supreme Court of India made it mandatory to register marriage in 2006 for legalizing it. Registration of marriage can be done online as well as offline.

The registration of marriage can be done online, but physical presence of both the parties is essential at the time of registration.  It is very easy, convenient, time consuming and cost effective method. Most of the state government has provided official portal for online registration, you can fill application form, upload documents and book the appointment with marriage officer.

 How Lead India can help you?

1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.  

2. Expert Advice - We have the most experienced & provide you with the best guidance of lawyers who can help in the registration of marriage.

3. Zero Stress - The partners do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court.

4. Top Quality Lawyers - Lead India will help you to choose among the best lawyers for providing assistance in the registration process. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating.