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How to Register Marriage Procedure in Quick Easy Ways in India?

Marriage - the time for two souls to unite!

Well, marriage is so much more than the union of two individuals and families. It's a sacred bond that two people share and decide to spend the rest of their remaining life together as life partners.

Since marriage has established itself as an institution in India, it's customary to follow traditions and maintain the culture. However, in India nowadays, you require to follow the legal procedure of registered marriage for completing your wedding.

The law for marriage register procedure has always been present, but only after many couples were moving to abroad after marriage, the demand for it has been on a significant rise. And now, obtaining a marriage certificate has become an important part as is the saat-phere ritual.

So, what is the procedure for register marriage?

Before we start explaining how to register marriage in India, procedures for it vary as per the Indian Law. Since every religion has its personal laws for marriage and divorce, therefore, to obtain a marriage certificate, the governing law is the Hindu Marriage Act, 1995. 

However, if an Indian decides to marry a foreigner or NRI, then the governing law changes to the Special Marriage Act, 1954 for completing the marriage registration procedure in India.

To make you understand how the process for register marriage works with the law, you can any day consult a Civil lawyer in India. 

He/She will not only elaborate on the process well, in fact, by seeking lawyer consultations you just ease your efforts in both offline and online marriage registration process.

Table of Content

  • Marriage According to Indian law

  • How Registered Marriage Procedure Is Dealt with Under Different Acts?

  • Essential Points for Marriage Registration in India

  • What is the Procedure dealing with Marriage Registration?

  • Who to ask for help?

Marriage According to the Indian Law

As many people still struggle to understand the procedure for register marriage in India, you need to know how Indian law views marriage today.

Fulfilling the procedure of register marriage, there is no compulsion. However, the regulations are more state bound than codified in the Act.

To register marriage in India, procedure for both online and offline process, you can apply at the office of the Sub-Divisional Magistrate in whose jurisdiction the husband or wife resides.

Filling this application is the foremost step in the marriage register procedure on any working day. This application has to be duly signed by both the husband and wife. 

As an Indian, you need to be aware that our cultural heterogeneity plays a huge role in the registry marriage process in India.

Since India has diverse cultures, the framers of the law found it a bit difficult to form laws and policies which would not affect any religion or customs in a negative manner. Therefore, to narrow down the procedure for marriage registration, India decided to follow only two governing laws. 

Now let us take a detailed look into the regulation which deals with and governs the marriage laws in India.

How Registered Marriage Procedure Is Dealt with Under Different Acts?

Before explaining what are the procedure for register marriage, you should know that it's all dependent on two main regulations. The governing law for the marriage registration procedure in India is:

  • The Hindu Marriage Act, 1955 

  • The Special Marriage Act,1954

These are the two vital acts which completely deal with the procedures of register marriage.

However, for Muslim registered marriage procedure in India, there are statutes, which exist in some states. Under which one provides you with the facilities for voluntary registration of marriages.

As per the Muslim Personal Law, it states that immediately after a Muslim marriage has been affected before a marriage officer. He/she will register it issuing a Muslim Marriage Certificate in the prescribed format.

In order to marriage register procedure in India both, the bride and groom along with two witnesses have to duly sign for the marriage certificate that bears the sign of the Marriage Registrar/Officer.

If it appears to the Registrar General, that all requisites of a valid Muslim marriage have been complied with and also, the consent of every person required by this Act for marriage has been obtained, the entire process is complete along with the receipt of this Certificate as per the marriage register procedures. 

The formulation of the marriage certificate procedure is in such a way that it does not affect any religious sentiment or custom negatively. 

  • Hindu Marriage Act, 1955: The procedure for registered marriage under the Hindu Marriage Act, 1955 deals with the registration of all those marriages where the wife and husband are Hindus, Jains, Buddhists or Sikhs. The marriage register procedure in this scenario also applies to individuals who convert to any of the above-mentioned religions.

It is, however, pertinent to mention that as far as the Hindu Marriage Act goes, it only deals with those marriage registrations which have already been solemnized. The rules for special marriage registration procedure are different in comparison to the Hindu Marriage Act 1955. 

  • Special Marriage Act, 1954: When it comes to dealing with what is the procedure of register marriage under the Special Marriage Act 1954, it lays down the complete process for both registration and solemnization of those marriages. Under this, either of the party namely the husband or the wife are neither Hindus, Jains, Buddhists, Muslims or Sikhs. Thus, partners who do not fall under the Hindu Marriage Act 1955 can opt to register their marriage via Special marriage Act 1954.

It's the duty of the judiciary to protect the rights of both parties.

Even couples who opt for love marriages should know that the governing law for love marriage registration procedure also follows these two regulations.

The procedure of marriage registration can be following the Hindu Marriage Act 1955 or the registry marriage procedure can follow the Special Marriage Act 1954. This depends on the partners in the union.

In cases where the union between the wife and husband breaks, it's the work of the judiciary. They've to find out whether or not any of the parties were solely or jointly responsible for such a break-up.

Now that we have an idea on the two main regulations which govern the registration of marriages in India, let's understand the procedure it follows.

Essential Points for Marriage Registration in India

When it comes to dealing with the procedure to register marriage under the Hindu Marriage Act, 1955 there are various conditions which need fulfilment.

Any Indian marriage procedure under this Act will only be valid if both the parties for the marriage are Hindus.

The marriage will not be a valid one if either one of the partners turns out to be a Christian or a Muslim. Section 5 elaborately explains the conditions for a valid marriage under this Act.

The procedure for marriage registration under this particular Act solely stems from the solemnization of the marriage. If the marriage has not been solemnized, then registration under section 8 of the Act is not possible.

Now let us have a look at what are the procedures for register marriage along with conditions to fulfil for the solemnization of the marriage as per the Indian marriage register procedure include:

  • Neither of the parties to the marriage must have a spouse living during the time of marriage.

  • Neither of the parties to the marriage is incapable of giving a valid consent as to the marriage due to the unsoundness of mind. 

  • If the party is capable of giving valid consent, then neither one should be affected in any way. Or they shouldn't be suffering from any form of mental disorder of any kind. Such that they're unfit for the procreation of children and marriage itself.

  • Another important condition is neither one of the parties should be subject to recurring attacks of epilepsy or insanity.

  • At the time of marriage, the groom must be 21 years old, and the bride must be 18.

  • The parties to the marriage should not in any way be within the degrees of any form of prohibited relationship.

  • Lastly, the parties to the marriage should not be sapindas of one another.  

Wondering what are the procedures for register marriage under the Special Marriage Act, let's take a look into the conditions or prerequisites. These need to be fulfilled to register marriage process under it.

The Special Marriage Act 1954 deals in both the registration of marriage along with its solemnization. Any process of registered marriage under the Special Marriage Act is similar to the Hindu Marriage Act 1955 but with certain conditions.

The conditions for giving legal status to the marriage under the Special Marriage Act include:

  • One needs to know about the main conditions that validate a marriage under the Special Marriage Act. Neither of the parties to the marriage must have a spouse living during the time of marriage (Section 7).

  • The mental and physical capacity of both partners should fulfil the requirements as laid down in Section 8.

  • At the time of marriage, the groom must be 21 years old and the bride must be 18.

  • The parties associated with the marriage should in no way be within the degree of any prohibited relationship. However, if their customs or traditions allow it, then the prohibited relationship may be an exception.

These are the main conditions which one needs to keep in mind.

Especially if the parties want to register and solemnise their marriage under the Special Marriage Act 1954. If the parties don't follow these conditions of the registered marriage process, then the marriage is not legal/valid.

Now that we have an extensive idea about the essentials of Marriage Registration in India, let's take a look into what is the process of register marriage.

What is the Procedure dealing with Marriage Registration?

To get an idea on how the register marriage process in India works, you need to know who to approach for it.

For the marriage registration process in India, the necessary parties need to approach the office of the Sub Divisional Magistrate.

The Sub Divisional Magistrate is basically the authority under whose jurisdiction the marriage took place. Or where either of the parties to the marriage has at least stayed for a minimum six months before marriage.

The process of register marriage in India needs certain important documents for the said registration to be valid. Without the existence of these said documents, the process of registry marriage is not possible.

The official Website of the Delhi Government showcases the essential documents which the parties to the marriage need to submit. The marriage certificate process cannot commence unless a Gazetted Officer duly attests these documents.

The marriage registration process online also needs these particular documents which include:

  • The MOA should bear the signatures of both the wife and husband.

  • Any documentary evidence which supports or confirms the date of birth of both the spouses. In any registration marriage process in India, the minimum age limit is 21 for the groom and 18 for the bride.

  • Residence proof like the Voter ID, PAN Card, Ration Card etc. of both the wife and husband. 

  • The parties need to submit two passport size photographs along with one marriage photograph.

  • If available, then you can submit the Marriage Invitation Card as well.

  • In case solemnization of marriage has been in a religious place, then the certification from the priest who solemnized the marriage is necessary.

  • In the marriage register procedure, the cashier of the district needs to receive an amount of Rs. 100 under the Hindu Marriage Act and an amount of Rs. 150 under the Special Marriage Act. You need to attach the receipt of the same along with the application.

  • The parties to the marriage also need to affirm that they are not related in any manner. Also, confirm that they do not fall within the boundaries of a prohibited relationship.

  • One requires to show an attested copy of the divorce if either one of the parties is a divorcee. Or show the death certificate in case they're a widow/widower.

  • One requires a conversion certificate. If either one of the parties belongs to any other religion other than Hindus, Buddhists, Jain and Sikh religion. This is only applicable to solemnization of the marriage under the Hindu Marriage Act.

  • Lastly, both parties require an Affidavit stating necessary details including the date/place of marriage. It should include other details like date of birth, marital status, along with the nationality.

Now we have a complete and clear idea as to what is the process of registered marriage followed in India.

Who to ask for help?

If you need any advice regarding the Marriage Registration Procedure followed in India, then MyAdvo is the place for you.

With MyAdvo you get access to finding lawyers in India expert in dealing with different legal aspects. All you have to do is just select one that matches your criteria.

MyAdvo acts like a legal concierge. We provide you with a directory of lawyers near you, who have attained great expertise in their respective legal domains.

MyAdvo provides the finest legal minds of the industry from over 10,000 lawyers across 500+ districts, right at your screen.

Just express your query via mail on consult@myadvo.in or simply call us at +91-9811782573 to resolve any and every kind of legal problems.

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