Marriage is very important phase in every person’s life. Marriage has very high social significance in Indian society. Here, marriages are celebrated as huge ceremony with numerous rituals to be performed before, during and after marriage. But, usually the most important thing is ignored by the couple and their family - to register the marriage. In India, marriage is considered as social and religious event only, that’s why couples do not register their marriage. However, nowadays, Marriage Certificate is an essential document that every couple should have because it is the only authorized proof of the marriage. In 2006, the Supreme Court made a rule that every marriage, irrespective of the religion, must be compulsory registered within three months. This action was taken for the deserted women who fight for their rights like maintenance (alimony) and child’s custody.
Marriage Certificate is an authorized documentation published by a government that indicates a legal marriage has been performed. Generally, a marriage certificate includes the details of the bride and groom; date, time and place of marriage; family details; witness, etc. It is one type of proof of marriage, which can provide social security, especially to women and is useful to change the maiden name, apply for Visa and Passport, etc. By certifying and registering the marriage, the man cannot deny from the marriage and can get all the benefits deserved by the woman, if she is deserted. If the bank account holder or the insurer dies without a nomination for claim, then marriage certificate can be used to claim for Bank deposits or Life Insurance benefits.
How to Apply for Marriage Certificate?
The process of registering marriage is very easy. With respect to the religion, the couple can register their marriage either under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. Both the acts vary in some aspects.
Under The Hindu Marriage Act:
The Hindu Marriage Act is applicable only to the Hindus. In the Hindu Marriage Act, the minimum age limit of groom and bride is 21 years and 18 years, respectively. If the marriage is done according to the Hindu Marriage Act, then couple can solemnize a marriage and then apply to register the marriage. This act also grants the marriage registration for already married couples. It is not compulsory to solemnize the wedding in Registrar’s presence. The prerequisite of this act is that individuals must be unmarried or divorced, or if where previously married, the previous life-partner should not be alive. Also, individuals must be physically and mentally fit and have a clear legal record.
The couple has to apply to the Sub-Registrar who solemnized the marriage or to the Sub-Registrar under whose jurisdiction either of the parties of the marriage is residing from six months before the marriage date. At the time of registration, couple, their parents/guardians or other witnesses must be present. The couple has to fill up the application form and submit it with necessary documents’ photocopies like age and residential proof. The certificate from the priest who solemnized the marriage is required as marriage proof. All the documents must be verified and attested by a gazetted officer. Then, fees should be deposited to the cashier to get the receipt to attach with the form. After submission of the application, the verification of all the documents is done on that day only and will provide a date for registration, on which the marriage certificate will be issued. The converted Hindu people also come under the influence of this Act, but have to submit the conversion certificate by the respective priest and other necessary documents.
Under The Special Marriage Act:
The Special Marriage Act is applicable to all citizens of India. In the Special Marriage Act, the minimum age limit for both the individuals is 21 years. The Special Marriage Act do both the things i.e. register and solemnize the marriage. In this act, registration and solemnization of marriage is done by a Marriage Officer. The procedure of registering the marriage, under this act is complex. If the couple registers the marriage under this Act, most of the required documents are same as in the Hindu Marriage Act. The couple does not need to submit wedding card and the priest’s certificate and after the marriage ceremony, the registration will be done. If the couple is already married, then submit the wedding card.
As per the Special Marriage Act, a public notice should be given for 30 days to the Sub-Registrar under whose jurisdiction any one of the spouse resides. Two copies of notice are made from which one copy is placed on the sub-registrar’s office board and another is sent to the couple through post. But if one of the spouses resides in different area, then one copy should be sent to another area’s Sub-Registrar. Within 30 days, if there is an opposition against the marriage, necessary steps against the objection will be taken by the Marriage Registrar. On the basis of inquiry, the Marriage Registrar can accept or reject the marriage. Already married couples can also register their marriage under this Act, by providing 30 days public notice, as per the regulations.
In case of registration under Hindu Marriage Act, it takes around 15 days normally and under the Special Marriage Act, it can take 60 days.
List of Documents Required:
- Application form signed by husband and wife
- Documentary evidences of the date of birth of both the parties (Leaving Certificate/Matriculation Certificate/Passport/Birth Certificate/Domicile Certificate)
- Residential Proof (Ration Card/Passport/Election Card/Light Bill/Telephone Bill of own Name)
- Affidavit from both the families, stating place and date of marriage, date of birth, martial status at the time of marriage and nationalities
- Passport sized photos of the couple and one marriage photograph
- Marriage invitation card, if available
- Certificate from the priest who do a marriage ceremony
- Affirmation that both families are not related to each other in the prohibited degree of relationship
- In case of Divorcees, attested copy of Divorce Decree Certificate must be provided
- In case of Widow and Widower, Municipal Death Certificate of concerned person must be provided
- If one of the spouses belongs to other religion than Hindu, Buddhist, Jain and Sikh religions, a certificate of religion conversion from the priest who performed the marriage ceremony must be provided (In case of Hindu Marriage Act).
Note: All the above documents with original + one photocopy must be attested by the Gazetted Officer except receipt.
Image Source: attestationofmarriagecertificate.com
You Might Also Like :