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Complete Guide for a Marriage Certificate in India

Complete Guide for a Marriage Certificate in India

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Complete Guide for a Marriage Certificate in India

In India, a marriage certificate is a necessary document for married couples, and it is used to establish legal proof of a couple’s marriage. Married couples must register their marriage and obtain a marriage certificate to access various services and facilities around the country. Let us discuss marriage certificates and how to register it in India.

A marriage certificate can prove that you are legally married to someone, which is especially useful if your spouse resides overseas and you need a passport, visa, or work permit. If their spouse dies without nomination, it is also helpful in obtaining life insurance benefits, family pensions, bank deposits, etc.

Courts may also require marriage certificates in divorce/legal separation/alimony/child custody.

Indian Marriage Laws

  • The two marriage acts followed in India are- The Hindu Marriage Act 1955 and the Special Marriage Act 1954.
  • The Hindu Marriage Act governs weddings between Hindus, Sikhs, Buddhists, Jains, or those who have converted to these religions.
  • The Special Marriage Act covers weddings between people of any faith, including interfaith marriages and Indians living abroad.

 

Marriage registration requirements

After receiving a signed application from both parties to the marriage registration, the Marriage Officer will issue a public notice, allowing for 30 days for registering an objection and considering any complaint within that period. If the officer is satisfied that all of the prerequisites have been met, he will enter the marriage certificate, which both parties will sign to the marriage and three witnesses.

Registration of your marriage is a legal requirement, not a choice. Marriage registration via mail is a time-consuming procedure. To make things easier, some state governments have implemented online marriage registration to get online marriage certificate.

In India, a marriage certificate is legally binding documentary confirmation of your marriage to your spouse, and the Supreme Court of India mandated the registration of all weddings in 2006. Marriage registration is unique, just like every marriage, and the documentation may differ depending on where you are married, where you plan to stay, and your spouse’s religion.

As discussed above, one can register a marriage in India following:

  • The Hindu Marriage Act, 1955,
  • The 1954 Special Marriage Act

And nowadays, you may obtain an online marriage certificate with just a few mouse clicks.

The Hindu Marriage Act, 1955:

  • The Hindu Marriage Act of 1955 pertains to anyone who is Hindu in any of the following kinds of categories: Lingayat, Virashaiva, Arya Samaj, or Brahmo Samaj.
  • It also includes anyone who practises Sikhism, Buddhism, or Jainism.
  • The Act also applies to anyone not a Muslim, Christian, Jew, or Parsi by faith.
  • Other religions are not mentioned above unless stated that this Act does not apply to anyone else.
  • Anyone who is religiously converted or reinvented as a Hindu, Buddhist, Jain, or Sikh.

 According to the Hindu Marriage Act, the husband and wife and two witnesses must fill out and sign the application. They’ll be given an appointment date after their documents are verified. The couple must appear in front of the Sub-District Magistrate with a gazetted officer present at their wedding to sign the marriage registration. On the same day, their marriage certificate would be issued.

The 1954 Special Marriage Act

Except in the state of Jammu and Kashmir, the Special Marriage Act extends to everyone in India and all Indians living abroad, regardless of their religion or beliefs.

It applies to those who are citizens of the territories covered by the Act but reside in the state of Jammu and Kashmir.

Once the application is submitted under the Special Marriage Act, a 30-day notice period will invite objections. A copy of the notification is posted on the bulletin board at the concerned office and mailed to both spouses’ addresses. After 30 days, registration is completed. On the registration day, both parties and three witnesses must be present.

Solemnisation of Special Marriages:

If the marriage is not covered by any other regulation relating to marriage solemnisation, they must meet the following requirements:

  • The male has reached the age of 21, and the female has reached the age of 18.
  • Both parties must be of sound mind to give legal permission.
  • Both parties should not be in banned relationships to any degree.

 

Notice of Marriage

When a marriage is intended to be solemnised under this Act, the parties must notify the Marriage Officer in the prescribed format in the 2nd schedule. For 30 days before giving notice, one of the parties must be in the district you applied for solemnisation.

Marriage Witness Declaration

Before the marriage is solemnised, the parties and three additional witnesses must sign a declaration in the form stipulated in the 3rd schedule of this Act, which must be counter-signed by the Marriage Officer. 

A marriage can be solemnised in any manner the parties choose. Still, it is not complete and legally binding until each party affirms it to the other in the presence of a Marriage Officer.

 

Documents necessary for marriage registration

  • Voter ID, Ration Card, Passport, or Driver’s License are all acceptable forms of proof of address.
  • Evidence of both husband and wife’s birth dates
  • Two passport-sized photos
  • Husband and wife must submit separate marriage affidavits in the prescribed format.
  • All documents must be self-attested, including the marriage invitation card and the Aadhaar card.

 Marriage Registration Witnesses

If a person has attended your wedding and has a valid PAN card and evidence of residence, they can be a witness.

Marriage Registration Procedure

After receiving a signed application from both parties to the marriage registration, the Marriage Officer will issue a public notice, allowing for a 30-day period for registering an objection and considering any complaint within that period.

If the officer is satisfied that all of the prerequisites have been met, he will enter the marriage certificate, which both parties will sign to the marriage and three witnesses.

 Marriage Certificate Online registration

In order to get Marriage Certificate online, You need to register at Online Marriage registration portal, please follow these steps to register online:

  • Continue by selecting your district.
  • Choose “Registration of Marriage Certificate” after entering your husband’s information.
  • Fill out the Marriage Certificate form and select an appointment date.
  • When you click “Submit Application,” you’ll be given a temporary number, which will be written on the acknowledgement sheet, and your application will be completed.
  • Also, print out the acknowledgement slip.

 Marriage Certificate ‘Tatkal’

In 2014, The Revenue Department of the Delhi government introduced a ‘tatkal’ service, ensuring a single-day marriage authorisation and prioritising the registration process. The programme, which went live on April 22, 2014, allows residents to register their marriages and receive a certificate within 24 hours for Rs. 10,000.

 Documents for Marriage Certificate

  • Both husband and wife must sign the completed application form.
  • Voter ID, Ration Card, Passport, or Driver’s License as proof of address
  • Proof of both husband and wife’s birth dates
  • 1 wedding photograph, 2 passport-sized photographs
  • Separate Marriage Affidavits from Husband and Wife in the specified format Aadhaar Card All papers must be self-attested
  • Invitation to the Wedding

 The Advantages of a Marriage Certificate

A marriage certificate is essential if you seek a passport or open a bank account after the wedding.

Both husband and wife helped secure visas.

Because traditional marriages are not recognised by foreign embassies in India or overseas, the Marriage Certificate is required for the pair to travel abroad on a spouse visa.

Allows a spouse to claim life insurance proceeds or bank savings in the event of the insurer’s or depositor’s death without the need for a nominee.

 Why to Get a Marriage Certificate?

A marriage certificate is required when applying for a passport or creating a bank account with a new surname after the wedding. Few embassies may require a copy of the marriage certificate for overseas travel or visa processing. As a result, many couples need a marriage certificate before moving overseas following their wedding.

Charges for Marriage Certificate: 

Rs 100 in the case of the Hindu Marriage Act and Rs 150 in the case of the Special Marriage Act. Pay the fees to the District office cashier and keep the receipt with the application form.

FAQs

Who issues marriage certificates?

On any working day, you can apply for marriage registration under the Hindu Act at the Sub-Divisional Magistrate’s office in whose jurisdiction the husband or wife resides. Please fill up the application form and have both husband and wife sign it.

Is it possible for me to register my marriage anywhere in India?

The following are the prerequisites for registration under the Hindu Marriage Act of 1955: Any sub-divisional magistrate’s office can apply for marriage; the offline application process can be started there, and registration can be done online.

How do I register my court marriage?

  • Several documents are required for a court marriage.
  • Both the bride and the groom must sign the marriage application form.
  • Payment of the fee receipt.
  • Both parties’ proof of age documents (SSLC book or Birth Certificate)
  • Proof of residential address (Aadhar Card, Voter ID, Ration Card or Driving License)
  • Affidavit.

Is it possible to register our marriage online?

Through the eNagar platform, citizens can apply for marriage registration online. Citizens can get these services by logging in, and they can also get them at civic centre’s run by municipal governments.

Is a marriage certificate necessary?

People frequently dispute whether or not to register their marriage in court. In 2006, the Supreme Court of India made it a legal need to register all weddings, making it a crucial document to verify your relationship with your spouse.

 How much does a marriage certificate cost?

The registration fees are nominal: Rs 100 for the Hindu Marriage Act and Rs 150 for the Special Marriage Act. The fees are supposed to be paid to the cashier (at the Registrar’s office), and the receipt should be attached to your application form.

What is the court marriage procedure?

According to the Court Marriage Procedure, the willing wedding couple must have a valid CNIC, a matric certificate (if available), and a Form-B issued by the NADRA office; if the spouse is a foreigner, a passport must be provided. Two people must witness the marriage.

How to assure if my marriage is registered?

To be sure, call the NSO hotline at 737-1111, or better yet, personally visit your local civil registry or the NSO to see if your marriage has been recorded.

By what time I can receive a marriage certificate after applying?

Marriages are now registered, and certificates are issued in 7-15 days. The pair must be present at the office to complete Forms 1 and 2 and the marriage registration application.

Who can be a witness for marriage registration?

The solemnisation of a legitimate Court Marriage requires three witnesses. A witness at a Court Marriage can be anyone, including a family friend, family member, friend, or colleague. Witnesses must provide the following documents for a Court Marriage: The witnesses’ proof of residence.

Is it legal to marry without a ceremony?

A marriage that does not have one is void. There must be a traditional wedding ceremony. The marriage vows do not have to be in any particular form or religious right, but the legislation specifies what must be included in the ceremony.

Is it possible to have a court marriage a second time?

Two marriages are not permitted under the Hindu marriage act. However, in response to your question, both marriages are legal. Illegality is determined by its sequence. If a person marries according to Hindu rites and rituals and then contracts another marriage by the court, the court marriage will be null and void, and vice versa.

Is it possible to remarry without a divorce?

It is not legal. When a person marries a second time without a divorce while their spouse is still alive, the marriage is called bigamy, a penal offence under Section 494 of the Indian Penal Code.

Is it possible to marry after filing for divorce?

You cannot legally marry another person while your divorce processes continue in court, whether it is a Contested or Mutual Consent Divorce. You are not allowed to marry again until six months after your divorce.

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