Registration Of Marriage In India - Laws & Procedure

• A marriage which has already been duly performed can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954.

• The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jain or Sikhs or where they have converted into any of these religions.

• Where either of the husband or wife or both are not Hindus, Buddhists, Jain or Sikhs, the marriage is registered under The Special Marriage Act, 1954.

• If a couple , who has already performed the religious rituals of their marriage and are applying to register later, will also fall under the Special Marriage Act.

• To be eligible for marriage in India, the minimum age is 21 years for males and 18 years for females.

Solemnization in Hindu Marriage

Under Section 7 of The Hindu Marriage Act, 1955, states that a Hindu marriage can be solemnized in accordance with customary rites and ceremonies of either of the parties.

Registration under Hindu Marriage Act, 1955

• To register a marriage under the Hindu Marriage Act, both the spouses need to be recognized Hindus.

• The registration is done after the solemnization of the marriage.

• Firstly a person need to apply to the sub-registrar under whose area of jurisdiction the marriage was solemnized. Or, apply to the registrar of the place where either of the spouse has been a resident of, for at least 6 months before the marriage.

• Then, applicants need to fill out the application form and submit it along with various other documents including their identification papers which show their age and address. Additionally, they must provide a certificate from the priest who solemnized their marriage as proof that they are actually married.

• Photocopies of all the documents must be attested by a gazetted officer.

• Finally, to complete the registration, applicant need to deposit a nominal fee of Rs. 100 with a cashier. The receipt should be attached along with the form.

Documents Required Under The Hindu Marriage Act

• Application form fully filled up and duly signed by the husband and wife.

• Attested photocopy of Proof of Address, which could be a Voter ID, Aadhar Card, Ration Card, Passport or Driving License.

• Attested photocopy of the any valid certificate with Date of Birth.

• Two recent passport sized photographs, and one marriage photograph.

• A special marriage affidavit in the correct format by both husband and wife.

• Marriage invitation card.

Registration under Special Marriage Act, 1954

• Both the intending parties must be a citizen of India.

• Neither of the parties must be having a living spouse at the time of marriage.

• The Act prohibits solemnization of marriage if the intending parties fall within the degree of prohibited relationships.

• In order to apply, reach out the Marriage Officer of the district so chosen (either the intending husband or the intending wife resides).

• Once the Marriage Officer has received such an application, duly signed by both the parties, the Officer shall then release a public notice with a period of thirty-days to raise objections to the intended marriage if any. The objections generally are relating to non-fulfillment of the conditions mentioned in Section-4 of the Act.

• Three witnesses required at the day of solemnization.

DEGREES OF PROHIBITED RELATIONSHIP

• Mother

• Father's widow (step mother)

• Mother's mother

• Mother's father's widow (step grand mother)

• Mother's mother's mother

• Mother's mother's father's widow

• Mother's father's mother

• Mother's father's father's widow (step great grand mother)

• Father's father's widow (step grand mother)

• Father's mother's mother