What are the steps to register a marriage?

  • What are the steps to register a marriage?

    Date : 12-02-2019 10:49

    What are the steps to register a marriage?

     

    Marriage certificate is an official declaration that states that two people are married. In India, Marriages can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. For both types of marriages, a marriage certificate is the legitimate proof that a couple is married. In 2006, the Supreme Court made it mandatory to register the marriage for safeguarding women’s rights. Hence, obtaining a marriage certificate after marriage can have various benefits.

    Lawtendo provides with the best advices.

     

    To obtain marriage certificate, the groom must be over 21 years of age and the bride must be over 18 years of age.

     

    To complete marriage registration and obtain a marriage certificate some documents are to be submitted for both husband and wife. The requirement for documents can be divided into three categories as follows. Identity and age proof must be provided by both the bride and the the groom.
    As stated above, the Hindu Marriage Act, 1955 applies to many religions such as the Hindus, Jains, Sikhs and the Buddhists. It is also applicable to the persons if they have converted to any of these religions from any other religion. The primary condition according to this act is the age of the bride and the bridegroom. While in the case of bride it has been stated as 18 years, in the case of the bridegroom, it is 21. This means that no male or female belonging to any of the above-mentioned religions shall be legally allowed to marry before attaining the aforementioned ages. The Hindu marriage act applies to all over Indian states and the Union territories, Jammu and Kashmir being an exception to it.
    According to the law and as per the recent strict guidelines of the Supreme Court, it is highly necessary to register the marriages. Let’s now take a look at few the registration processes and the cost of the same.
    As per the Hindu Marriage Act, 1955, following are the requirements for registration:
    One can apply for marriage at any sub-divisional magistrate’s office; the offline application method can be initiated from there itself; the registration can be done online as well. The details are required after confirming your district/state. In the case of Hindu Marriage Act, one has to wait only 15 days for an appointment while it may extend to 30 days in case of Special Marriage Act.
    The registration form must be duly signed by both male and female with a sound state of mind. Both the parties must not fall within any degree of prohibited relationship.
    In a case where the individuals have converted to any of the religions which the Hindu Marriage Act, 1955 covers, the conversion certificate duly verified by a priest to the religion which the individuals have converted to, is also required.
    The most important process for the registration to complete is the attestation of a Gazetted officer. All the above-mentioned documents must be verified by a Gazetted officer.
    After the submission of all the above-mentioned documents duly verified, it shall be the duty of the district court to confirm and put a final thumbs up on the marriage registration of the individuals.

    Now let’s take a look at the procedure followed in case of both individuals being Hindu:
    -The individuals are required to fill the form and submit it to the marriage registrar in one of the districts in which either of the individuals has resided for not less than a month.
    -The marriage may be allowedq only after 30 days unless there is any sort of objection from any of the individual.
    -The marriage is required to take place only at the specified marriage office.
    -Both the individuals are required to be present physically at the time of marriage.
    -The presence of 3 eye witnesses.

    Now we look at the most important thing. The documents required for registration. The documents required are as follows:

    1.Passport sized photos of the individuals along with the given form and prescribed fee.

    2.Resident proof of the individuals.

    3.Birth certificate of the individuals

    4.Photos and residential proof of eye witnesses.

     

    Conditions and requirements for registration when both individuals are of different religion:

    Under Special Marriage Act, the procedure, as well as the documents necessary for marriage where both individuals are of different religions is almost the same as that in the case where both the individuals are Hindus. Both individuals must file their application in the marriage registrar’s office in the same process as mentioned above. The documents requirement are also the same as mentioned above unless any special circumstances.

     Charges an individual has to pay to get married under the Special Marriage Act:

    There is no charge taken by the registrar. Registration form charges differ from state to state. The individuals are required to submit the form charges along with the required documents at the time of registration. Generally it is between Rs. 150-200.

    A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs the marriage is registered under the Special Marriage Act, 1954.

     

    Get the best advices from marriage and divorce lawyers from lawtendo. Visit www.lawtendo.com  and get all your queries resolved.

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