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Marriage Certificate Registration

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Marriage Certificate Registration

Marriage is considered a holy institution in India. Therefore, it is common not to think about the legal formalities related to it. One such legal formality is marriage registration. Couples as well as families tend to ignore the registration of a marriage. However, in 2006, the Supreme Court made it compulsory to register a marriage. The law making it compulsory to register marriages is yet to be notified. But even when it is not compulsory, registration provides a lot of benefits which are not available in case of non-registration. So, it is a wise step to complete the formalities of registration as soon as you get married.

Benefits of Marriage Registration

It provides the following benefits:

  • Acts as legal proof of marriage.
  • Gives legitimacy to the children born after registration.
  • Useful in the procedure of getting a Visa for spouse.
  • Aids in claiming insurance and other benefits in case of death of spouse without nomination.
  • Serves as a useful document in case of succession-related legal proceedings.

Laws Governing Marriage Registration

In India, there are two acts which govern the entire registration process for a solemnized marriage. Solemnization is the legal term for a marriage that takes places according to traditional ceremonies. These Acts are the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.

The Hindu Marriage Act, 1955

This Act applies when both persons in the marriage are either Hindus, Jains, Sikhs, or Buddhists. It also covers cases of conversion to these religions. But this Act will not apply even if one of the parties is not from the above religions.

The Special Marriage Act, 1954

This Act legalizes inter-religion marriages. It overrules all other marriage acts in respect of inter-religion marriages.

Steps in Marriage Registration

The process for registering a marriage remains more or less the same under all the above Acts. Below are the major steps in registration of marriage.

Steps under Hindu Marriage Act, 1955

  • Submitting the application form.
  • Verification of documents.
  • Fixing of appointment with the SDM.
  • Issue of marriage certificate.

Steps under Special Marriage Act, 1954

  • Submission of application form with the documents.
  • Issue of public notice for inviting objections, if any.
  • Investigation of the validity of objections.
  • Acceptance/rejection of registration.
  • Issue of certificate/appeal to district court (depending on the acceptance/rejection).

Documents for Marriage Registration

You need the following details and documents:

  • Application form signed by both husband and wife.
  • Proof of date of birth of both parties. Moreover, under the SMA, both husband and wife must be at least 21 years of age.
  • Ration Card of husband or wife.
  • Affidavit by both parties stating place and date of marriage, date of birth, marital status at the time of marriage as well as the nationality.
  • Proof of stay for more than 30 days in the city where you want the registration such as Ration Card or report from the SHO (only in case of SMA).
  • Proof of conversion (For conversion cases under HMA).
  • Two passport sized photographs of both parties and one photograph from the marriage.
  • Death certificate of previous spouse or divorce decree, if applicable (attested copies).
  • Invitation card for the marriage (if available).
  • Certificate from priest who performed the marriage certificate (If marriage was solemnized in a religious place).
  • An affirmation that both parties are not related to each other as per the HMA or SMA.

Apart from these documents, you also need two witnesses (three in case of registration under SMA). For registration, both the bride and the groom need to be present in person before the SDM on the day of the appointment.

Timeline for Marriage Registration

The entire process takes anywhere between 30-60 days. But this is subject to objections, if raised by anyone. Also, the marriage officer may even refuse to register a marriage if, in his opinion, sufficient grounds exist for refusal. In such case, the parties can approach the local district court for relief.

Moreover, in some states like Delhi, a Tatkal registration facility is available. It allows you to get a registration certificate within 24 hours.

Fee for Marriage Registration

The government fee starts from Rs. 100 and the professional fee starts from Rs. For Tatkal registration, the government fee is Rs. 10, 000 at present which is likely to go down to Rs. 1000.

How PocketLawyer Can Help?

If you need any help with marriage registration, we at PocketLawyer can help. We will connect you with expert professionals. These professionals are experts in matrimony laws. You can post your requirement and they will assist you with the entire legal process at affordable prices.

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