The marriage certificate serves as an official document confirming the union of two individuals in marriage. In India, marriages can be legally registered under either the Hindu Marriage Act of 1955 or the Special Marriage Act of 1954. Irrespective of the type of marriage, the issuance of a marriage certificate is mandated, serving as tangible proof of the marital status of the couple. In 2006, the Supreme Court of India ruled that registering marriages is essential to protect the rights of women.
Consequently, obtaining a marriage certificate post-marriage holds numerous advantages. This article delves into the Marriage Certificate India, highlighting its significance, eligibility criteria, the requisite documents, and the detailed application process. Please also note that to procure a marriage certificate, the groom must be above 21 years of age, while the bride must be above 18 years of age.
What is a Marriage Certificate?
After getting married, a couple can get a marriage certificate, which is a legal document. The officiant issues the marriage certificate, and once the legal process is over, the couple receives the licence.
Documents Needed for Marriage Registration
- Jointly signed application form by both parties, i.e., the groom and the bride.
- Proof of birth for both parties, such as a matriculation certificate, birth certificate, or passport. The male partner should be at least 21 years old, and the female partner should be at least 18 years old, as per the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.
- Residential proof for both parties, which may include an Election Voter ID, PAN Card, Aadhar Card, Ration Card, or electricity bill.
- If the marriage occurred in a religious institution, a certificate from the institution confirming the marriage’s solemnisation.
- Payment of Rs. 100 for registration under the Hindu Marriage Act, 1955, and Rs. 150 for registration under the Special Marriage Act, 1954, to be made to the district cashier. A receipt of this payment must be attached to the application form.
- Two passport-size photographs of both parties, along with a marriage photograph if the marriage has already been solemnised.
- Wedding invitation card if the marriage has been solemnised.
- Affirmation from both parties confirming that they are not related in a manner prohibited by the Special Marriage Act, 1954 or the Hindu Marriage Act, 1955.
- If either party is a divorcee, an attested copy of the divorce decree must be provided with the application form.
- If either party is a widow or widower, the death certificate of the deceased spouse should be attached to the application form.
- An affidavit detailing the place, date, and time of the marriage, as well as the marital status and nationality of both parties, must be attached to the application form.
- Two witnesses from each side must be present at the sub-registrar’s office during the meeting.
- If the marriage has been solemnised, two witnesses who attended the wedding must also be present at the sub-registrar’s office during the meeting.
Step by step procedure to register a marriage in India
A marriage certificate is a document that declares two people married legally. Marriages in India are to be registered under the Hindu Marriage act, 1955 or the Special Marriage Act, 1954. In the year 2006, the Honorable Supreme Court made it mandatory in India to get a marriage registered to legalize it.
Though most of the people know that it is a compulsion to get the marriage registered in India, they lack the knowledge of the marriage registration process and end up in either paying too much to an agent or getting too much troubled. Here is the online and offline procedure on how to register marriage online in India:
Online registration for a marriage certificate
Just like the other essential things available online in India these days, marriage registration online is also an option. Online registration is more preferred options because it saves time and troubles less, one does not have to stand in long queues and, especially in this era of social distancing. It skips one’s multiple meetings with the marriage registrar. Here are the steps on how to register marriage online.
- Open the government’s official website of the home state applicant belong to
- Browse the website and find the form for marriage registration online on the site
- Fill the personal details of both the parties of the marriage, as asked in the form
- Submit the form once it is filled
Once the form is filled, marriage registrar will summon the applicant for a particular date and time. It is compulsory to present at the office of the marriage registrar on time with all the documents that are mentioned in the article below. Also, two witnesses from each side should be present at the time of the marriage at the marriage registrar office.
It is noteworthy that the date and time of the marriage given by the marriage registrar for a marriage under the Hindu Marriage act, 1955 is approximately 15-30 days after submission of the form. Furthermore, in the case of the Special Marriage Act,1954, it is approximately 60 days.
Offline registration for a marriage certificate
Here’s the marriage registration process done in offline in India
Under the Hindu Marriage Act, 1955
As discussed, marriages in India can be registered under either the Hindu Marriage Act, 1955 or Special Marriage Act, 1954. Irrespective of their religion, it is applicable to all citizens of India. The parties applying for a registration of marriage in India are only eligible, only if they are either Hindus, Sikhs, Jains or Buddhists. Also, if the marriage is already solemnized, the couple can apply for registration.
One has to visit the office of the sub-registrar under whose jurisdiction, the marriage was solemnized. It can be done at the sub-registrar’s office, under whose jurisdiction; one of the partners is residing for more than six months. According to the customs and rituals of either of the party, a Hindu marriage can be solemnized.
Under the Special Marriage Act, 1954
Irrespective of their religion, all the citizens of India can get their marriage registered under the Special Marriage Act, 1954. Under this registration, along with solemnization, is given to the couple by the marriage officer. As discussed, the couple applying under Special marriage Act, have to give a 30 days’ notice to the sub-registrar under whose jurisdiction, any of the partners reside.
The registrar puts up a notice on the board for 30 days, and if he/she does not receive and objection within the duration, the marriage gets registered. The sub-registrar of the jurisdiction must keep a copy of the notice.
This whole process enables the marriage to be complete without any religious ceremony. Special Marriage Act, 1954 is an alternative for those who are not eligible to register their marriage under the Hindu marriage act in India.
Where to register a marriage in India
the marriage registration online and offline. Online registration of marriage in India is available in major cities across India. One need to log in to the official website of the state in which the marriage was solemnized, or either of the partners is residing for more than six months. Then he/she needs to fill the marriage registration form available on the website. Once this process is complete, the person who has applied for the registration will be called at the registrar office for a meeting with him, to verify the couple’s documents and the witnesses, and then the registrar registers the marriage.
For the people who find marriage registration online procedure complicated, offline marriage registration is also an alternative. As discuss, one need to visit the office of the sub-registrar of the jurisdiction where the marriage was solemnized. Then one needs to fill the application manually, preceded by both the party’s signature and required documents. After 30 days, if there found no objections, the application on the marriage will be registered.
It is essential to know that if the marriage is registered under the Special Marriage act, 1954, the marriage can be only solemnized by a marriage officer. In such kind of cases, a notice is given to the registrar by the couple which is to be put on the notice board for the next 30 days. As mentioned, if there occurs no objection during this time period, the marriage gets registered.
FAQs
Is marriage invalid without registration in India?
Yes, marriage is still rendered valid under Indian law, according to the new guidelines of the Supreme Court of India.
What is the duration of the date and time given by the marriage registrar after submission of the form?
Under the Hindu Marriage Act, 1955, the time given is 15 to 30 days after form submission.