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What is Marriage Registration?
The Supreme Court of India, in 2006, made it Marriage Registration mandatory for all marriages. In India, a marriage can either be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable to Hindus, whereas the Special Marriage Act is applicable to all citizens of India irrespective of their religion. The Hindu Marriage Act provides for registration of an already solemnized marriage, and does not provide for solemnization of a marriage by a Marriage Registrar. However, the Special Marriage Act provides for solemnization of a marriage as well as registration by a Marriage Officer. This article will guide you and describe the whole process of Marriage Registration in India.
Frequently Asked Questions.
a) What is Marriage Registration Certificate ?
Marriage Registration Certificate is issued to both Husband and Wife whose marriage has already been solemnised. The Registration is done under 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.
b) What are the documents required for registration ?
- Application form in the prescribed format with the prescribed fee
- Passport Size Photographs of Marrying Persons
- Residential Proof of Marrying Persons.
- Date of Birth Proof of Marrying Persons.
- Residential Proof and PAN Card of Three Witnesses
- Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
c) What is recommended time to get marriage certificate?
In normal situation it takes approx 7 days to get the Marriage certificate.
Solemnization in Hindu Marriage
The Hindu Marriage Act, 1955 deals with ceremonies to be followed in a Hindu marriage, by the virtue of Sec. 7. The provision states that a Hindu marriage can be solemnized in accordance with customary rites and ceremonies of either of the parties. Where the rites and ceremonies include the saptpadi (the taking seven steps by the bride and the groom jointly around the sacred fire), the marriage becomes complete and binding when the seventh step is taken. These ceremonies may vary according to the customs and traditions followed by the parties.
What is the procedure of a Christian Marriages in India?
Although the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 are the two main legislation governing the process of solemnization and registration of a marriage in India, there are certain other legislation enacted to oversee the process of marriage solemnization and marriage registration between certain minority religions that are present in India.
For example, the Christians and the Parsi community –
These minority religions are not covered under either of the two primary legislation but are given an equal treatment and hence it was very essential for the Indian legislature to frame laws in this regard.
All Christian marriages in India are governed by the Indian Christian Marriage Act, 1872, which provides for the solemnization of marriage either by a minister or by a priest of the church.
The Indian Christian Marriage Act, 1872, says that all Christian marriages will be solemnized under its own provisions. In addition to that, by the virtue of Sec. 4, it states that, apart from Christian-Christian marriages, the marriage of a Christian with a non-Christian can also be solemnized under this Act.
The over-all conditions are same as for the other marriages, i.e. the marriage should take place with free consent of both the parties, bride and bridegroom should be of 18 and 21 years respectively, and neither party can have a spouse living.
Purpose of Marriage Registration Certificate
A Marriage Certificate is an official statement establishing the marital status of a couple. It is an important document, which one can rely upon to prove that they are legally married to someone, and for various other purposes like obtaining a passport, opening a bank account, changing one’s maiden name, and applying for an income certificate, among other things. A marriage certificate is essentially the legal proof of registration of a marriage.
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