Updated: Aug 27, 2019
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
Father's widow (step 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