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Registration of Marriage in India
|By : Roseline Regite , Kochi, India 27.8.2013 Phone:9656003929 Mail Now|
In India, a marriage can be registered under either of the two marriages Act:
- The Hindu Marriage Act, 1955
- The Special Marriage Act, 1954
The Hindu Marriage Act is applicable only to the Hindus, The Hindu Marriage Act provides for registration of an already solemnized marriage. It does not provide for solemnization of marriage by the Registrar. 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. The parties to the marriage have to apply to the concerned authority in whose Jurisdiction the marriage is solemnized or either party to the marriage has been residing.
The documents required for Registration of Marriage Under the Hindu Marriage Act, 19551.
1.Application form duly signed by both husband and wife.
2.Age and address proof of both parties
3.Affidavit of Notary/Executive Magistrate to prove stating place and date of marriage, date of birth, marital status at the time of marriage (the couple is married under Hindu Marriage Act 1955, fit mental condition, non relationship between the parties within the degree of prohibition.) and nationality.
4.Two passport size photographs of both the parties and one photograph of the marriage ceremonies.
5.Invitation card of marriage.
6.If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage
7.Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
8.In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act)
Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. Marriage is registered before a marriage registrar/tahsildar of the district, wherever the parties got married. The registration under the Hindu marriage Act does not require any notice. It can be done on the same day of the filing of application or a few days of moving the application for marriage. The parties will receive a marriage certificate within few days, which is a proof of registration of marriage.For more click here
The Special Marriage Act, 1954
The Special Marriage Act is applicable to all citizens of India. Any person, irrespective of religion such as Hindus, Buddhists, Jains, Sikhs, Muslim, Christian, Parsi, or Jewish can perform marriage under the Special Marriage Act, 1954. Under the Special Marriage Act one months notice period is a statutory provision, which cannot be avoided. A copy of notice is affixed on the notice board of the registration office and a copy of the notice is sent to the marriage officer of the area where either of the parties having present/permanent addresses for similar publication. After the expiration of one month from the date of publication of the notice, if no objections are received the marriage may be solemnized.
The documents required for Registration of Marriage Under the Special Marriage Act, 1954
1.Application form duly filled and signed by the bride and the groom.
2.Age and address proof of both parties
3.Separate affidavits from bride and groom giving: Age and Date of birth, Present marital status: unmarried/widower/ divorcee.
4.Affirmation that the parties are not related to each other within the degree of prohibited relationship, fit mental condition defined in the Special Marriage Act.
5.Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
6.Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
Both parties are required to be present along with three witnesses on the date of registration. In the presence of these three witnesses the marriage is solemnized by the Marriage officer .The Marriage officer registers the marriage and a marriage certificate is issued within few days of marriage.For moreclick here
Registration of Christian Marriage
In India Christian marriages are solemnized according to the Indian Christian Marriage Act of 1872 by a minister/priest in a church. After the marriage the priest registers the marriage and issues a marriage certificate. Now Supreme Court of India has ordered the compulsory registration of all marriages in India, irrespective of the religion.A marriage, which has already been solemnized by a priest in the church, can also be registered by a registrar of marriages.
The documents required for Registration of Christian Marriage
1.Application form duly signed by both husband and wife.2.Age and address proof of both parties,