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How To Get Registered Marriage In India

Written By Sunday, 10 July 2022 Add Comment Edit

This article is authored by Anindita Deb , a student of Symbiosis Police School, Noida. The objective of this article is to elaborate on the online and offline marriage registration procedure for Hindu marriages in Republic of india under the two legislations that govern Hindu marriages in the country.

This commodity has been published past Shoronya Banerjee .

Introduction

In Indian civilization, marriage is regarded as a sacred ceremony. It is a sacred arrangement between 2 individuals to spend the rest of their lives together. In that location is no such thing as a small wedding in Bharat. People start planning their children'southward weddings every bit soon every bit they are born. People become to swell lengths to ensure that their families' weddings are historic to the utmost extent possible. Meanwhile, in the midst of all the joy and nuptials planning, it is as important to have the matrimony legally registered in our nation. This will issue in a spousal relationship certificate, which will be required for all joint undertakings between the couple, such as buying property or getting a spouse visa to travel abroad.

If things do non go well and one considers opting for a divorce, a marriage certificate is required. Furthermore, if one of the partners passes away, the document is quite helpful in obtaining an insurance claim. Registering their union is the most of import and responsible thing to exercise after ane enters into a marriage.

A union certificate is a legal document that certifies the union of two people. Hindu marriages in India are governed by the Hindu Marriage Act of 1955 or the Special Matrimony Act of 1954, respectively. The Honourable Supreme Court of Bharat, in the year 2006, accounted information technology mandatory to annals a marriage in order to legalise it through the case of Seema v. Ashwani Kumar. With the evolution of technology, one can also register his or her marriage online from the comfort of their home. This article gives details of the procedure that one needs to follow when registering their marriage through different means and under different legislations.

Legislations under which a Hindu spousal relationship can exist registered in Bharat

Presently, two pieces of legislation have been drafted to accost the event of marriage registration laws with regard to the people who practise the Hindu faith. These legislations are:

  1. The Hindu Matrimony Act, 1955 and
  2. The Special Spousal relationship Act, 1954.

If both hubby and wife are Hindus, Buddhists, Jains, or Sikhs, or if they have converted to any of these religions, the Hindu Marriage Act of 1955 governs marriage registration. Information technology should exist remembered that the Hindu Marriage Act only applies to marriages that take previously been solemnised.

The Special Matrimony Act of 1954, on the other hand, specifies the procedure for both solemnization and registration of marriages in which either the husband or the wife are not Hindus, Buddhists, Jains, or Sikhs. This is considering this legislation carries out the registration of marriage irrespective of the religion of the husband and wife. Hence, dissimilar personal laws, both husband and wife do not need to belong to the same organized religion in order to get their union registered under the Special Marriage Deed.

Marriage registration nether the Hindu Marriage Human action, 1955

The Hindu Matrimony Deed applies to all Indian states and union territories. Many religions, including Hindus, Jains, Sikhs, and Buddhists, are covered by the Hindu Marriage Deed, 1955. Information technology also applies to people who have converted from a dissimilar religion to 1 of these religions. According to this Human action, the bride'southward and groom's ages are the central aspects. While the bride has to be of at least 18 years, the benedict must be 21 years or above. This means that no male or female from any of the above-mentioned religions will be able to marry until they reach the aforementioned ages.

Eligibility to register matrimony

Section two and Department 5 of the Hindu Union Deed, 1955 (HMA) lays down the eligibility criteria for solemnisation and registration of matrimony under the Act.

Nether Department 2, the post-obit people are considered to be Hindus for the purpose of the Act and are eligible to register their marriage under the Hindu Matrimony Deed:

  • Any person who is a Hindu by religion in any of its forms or developments, which includes Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj.
  • Any person who is a Buddhist, Jain or Sikh by religion.
  • Any other person domiciled in the territories to which this act extends who is not a Muslim, Christian, Parsi or Jew by organized religion, unless information technology is proved that any such person would not have been governed by Hindu constabulary or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

A Hindu marriage tin only be solemnised between two Hindus, according to Section five of the Deed. In the case of One thousand. Vijayakumari five. K. Devabalan (2003), it was decided that a marriage between a Hindu man who converted to Christianity and a Christian lady disguised in Hindu course is not valid.

Department 5 farther states the weather for solemnization of marriage nether the Human activity. It lays downward the post-obit weather in order for the marriage to be eligible for solemnization:

  • Neither political party has a living spouse at the time of the spousal relationship.
  • Neither party is incapable of giving valid consent to information technology in consequence of unsoundness of mind.
  • Though capable of giving valid consent, neither of them has been suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
  • Neither party has a living spouse at the time of the union.
  • At the time of matrimony, the bridegroom is at least 21 years old and the bride is at to the lowest degree 18 years old.
  • The parties are non within the degrees of prohibited relationship unless the custom or usage controlling each of them allows for a marriage betwixt the two.
  • The parties are not sapindas (one is a lineal ascendant of the other), unless each party'southward custom or usage allows for a marriage between them.

The old recognised community, smritis, and shrutis provide Hindu personal law with its life and breath, hence information technology is a key condition for a wedlock to be registered after information technology is completed by the community of the said specific group or tribe.

What are the degrees of prohibited relationship

Two persons are said to exist covered nether the degrees of prohibited relationship if –

  • One of them is the lineal dominant of the other,
  • If 1 was the wife or hubby of lineal ascendant or descendant of the other,
  • If one of them was the married woman of the brother or of the begetter'southward or mother's brother or of the grandfather's or grandmother'south brother of the other,
  • If the two are blood brother and sister, uncle and niece, aunt and nephew, or children of blood brother and sis or of two brothers or of 2 sisters.

A spousal relationship that falls into one of the same criteria is considered null and void.

Exception

Here, community play a vital role- if the parties accept a valid custom governing them, they can ally fifty-fifty though they fall within the prohibited relationship degrees.

Punishment

A marriage solemnised betwixt the parties within the degrees of prohibited human relationship is considered null and void. The parties to such a marriage may confront simple imprisonment for ane calendar month, a fine of Rs. 10,000/- or both under the provisions of Section 18(b) of the Hindu Marriage Act.

Solemnisation of Hindu marriage nether Section 7 of the Hindu Marriage Act, 1955

By virtue of Department 7, the Hindu Matrimony Deed of 1955 deals with the ceremonies that must be observed in a Hindu wedlock. A Hindu matrimony may be solemnised according to either political party's conventional rituals and community, according to the provision.

After the Saptapadi (the taking of seven steps by the benedict and the helpmate together earlier the sacred fire) is included in such rites and ceremonies, the marriage becomes consummate and binding when the seventh step is taken. Other essentials for solemnization of spousal relationship under this Section are as follows:

  • Any language spoken by any party to the marriage must be understood by both parties.
  • Each party to the marriage must place the band on the other's finger.
  • The tying of the thali.

Registration of marriage under Section 8 of the Hindu Marriage Act, 1955

Nether Section eight of the Hindu Wedlock Act, the post-obit is stated:

  • The country government makes the provision available as proof to Hindus then that they can enter into a legitimate marriage in the prescribed manner.
  • All rules developed under this Section must exist presented to the state legislature as presently as they are fabricated.
  • The Hindu marriage registrar has all the powers and a reasonable amount of time to review the documents, collect evidence, and certify them after payment of a fee.

Offline Hindu matrimony registration procedure in Bharat

Registration of union tin can exist a complex task for a lot of people. Hence, information technology is improve to be informed nearly all the steps to exist followed along the manner, and what all documents ane will demand in the process. Marriage tin be registered online or offline, and all the details with respect to both procedures accept been laid down beneath for you to have a hassle-free marriage registration feel. Following is the list of questions 1 has during the spousal relationship registration process along with the answers to them:

Where does one have to go to register their marriage

In gild to get your wedlock registered offline under the Hindu Wedlock Human activity, your marriage needs to be solemnised earlier the registration. Hence, after solemnisation of marriage, one has to visit the office of the Sub-Bounded Magistrates (SDM) in whose jurisdiction either the husband or the married woman resides, between ix:thirty a.m. to 1 p.chiliad. on any working day, along with his or her spouse and two witnesses. At that place you lot will be provided with the matrimony registration class in which y'all take to fill up out all the relevant details and submit it back to the SDM.

Documents i should carry while going to annals their spousal relationship

Given below are the documents the husband, married woman, and the witnesses must carry with themselves for the spousal relationship registration process, along with the duly filled marriage registration awarding form.

Identity proof of both husband and wife

  • Aadhaar card,
  • PAN carte,
  • Ration card with photograph,
  • Voter ID card,
  • Passport,
  • Driving license,
  • Whatsoever other government recognised certificate.

Date of birth proof of both husband and wife

  • Aadhaar carte du jour (Verified DOB),
  • Passport,
  • Driving license,
  • Nursing abode / hospital report,
  • SSC from the recognised lath by Government of India,
  • Nascence certificate,
  • Document from schoolhouse signed by principal on school letter caput,
  • CMO (Master Medical Officer) / doctor report.

Separate accost proof earlier the marriage of both husband and married woman

  • Aadhaar menu,
  • Voter ID card,
  • Driving license,
  • Passport,
  • Ration card,
  • Electricity beak,
  • Water bill,
  • Gas neb,
  • Phone bill,
  • Rent agreement,
  • Banking concern passbook,
  • Any other authorities-issued document.

Address proof afterward matrimony

  • Aadhaar carte,
  • Voter ID carte du jour,
  • Driving licence,
  • Passport,
  • Ration card,
  • Electricity neb,
  • Water bill,
  • Gas bill,
  • Telephone bill,
  • Hire understanding,
  • Bank passbook,
  • Any other authorities-issued certificate.

Identity proof of witnesses

  • Aadhaar carte,
  • PAN carte,
  • Ration card with photograph,
  • Voter ID card,
  • Passport,
  • Driving license,
  • Any other Authorities recognised document.

Permanent resident proof of witness

  • Aadhaar card,
  • Voter ID card,
  • Driving license,
  • Passport,
  • Ration menu,
  • Electricity bill,
  • Water bill,
  • Gas bill,
  • Telephone nib,
  • Rent understanding,
  • Banking concern passbook,
  • Any other government-issued document.

Additional documents/requirements (to exist submitted past married man and wife)

  • Both the husband and the married woman must sign an affidavit confirming the location and date of their marriage, their dates of birth, their marital condition at the time of marriage, and their nationality.
  • Ii passport-size photographs of both married man and wife are required, every bit well as one wedding photograph.
  • If one is available, a wedding invitation card must be submitted.
  • A document from the priest who solemnised the marriage is necessary if the matrimony was solemnised in a religious setting.
  • The marriage registration fee of Rs. 100/- must be deposited with the District Cashier, and the receipt must be attached to the application form.
  • Affirmation that both the parties are non related to one other in a degree of relationship that is prohibited under the Hindu Marriage Act.
  • In the event of a divorcee, an attestation copy of the divorce decree/order, and in the instance of a widow/widower, an attestation re-create of the spouse's death certificate.
  • A conversion document from the priest who solemnised the spousal relationship if one of the spouses does not vest to the Hindu, Buddhist, Jain, or Sikh religions.

Steps to be followed to go a Hindu marriage registered offline

Ane tin can follow the steps mentioned below in order to get their marriage registered nether the Hindu Marriage Act:

  • Visit a nearby SDM function to obtain the Matrimony Certificate Grade.
  • Fill out that form carefully and correctly.
  • The bride'south new name or surname if it was changed after the union, must be indicated.
  • In the Special Marriage Act, ii witnesses are required. Witnesses can be family members or friends who were nowadays at the wedding.
  • The witnesses must next sign the documents and provide their personal information.
  • In all of the paperwork, a spouse's signature is besides required.
  • In addition, a wedding ceremony photograph must be included with the invitation carte du jour.
  • Both husband and wife must submit accost proof to the SDM Role.
  • All the details must be checked advisedly before submitting the registration application from along with all the other relevant documents to the SDM office.
  • The married couple should keep a copy of the application with themselves.

How long will it take to receive a union document

In example of a marriage under the Hindu Marriage Act, it commonly takes xv days to receive a response from the Sub-Divisional Magistrate's office with regards to the issuance of a marriage certificate, and the date is notified to the couple to be present at the SDM part. On the said solar day, both parties, along with a Gazetted Officer who attended their matrimony, demand to be nowadays before the ADM. The Document is issued on the same day.

However, this waiting menstruation can extend up to 60 days in the case of a marriage under the Special Marriage Act, 1954. The details with respect to the procedure for registration under this Act have been discussed properly in the post-obit department.

Hindu marriage registration process under the Special Marriage Act, 1954

In case a couple does not want to get married co-ordinate to Hindu rituals, or one of the 2 individuals is not a Hindu, the couple may choose to register their marriage under the Special Wedlock Human activity, 1954. The union registration procedure is like to that under the Hindu Marriage Human activity, with the exception that the registration fee submitted under this Act is Rs. 150. Additionally, three witnesses have to be present on the day of solemnization and registration. In the case of offline registration of marriage, the fourth dimension for receiving a response from the SDM office regarding the matrimony document under the Special Marriage Deed is upwards to 60 days. Additionally, there is no requirement for a conversion certificate if the parties belong to different religions. Both the husband and wife tin continue practicing their personal religions later they go married without having to convert to a unmarried organized religion if they opt to annals their marriage nether the Special Spousal relationship Act, 1954. If a couple does not wish to accept a wedding anniversary, it is possible for them to opt for solemnization of their wedlock along with marriage registration nether this Act. along with the SDMs, the Additional Commune Magistrates (ADMs) and the Deputy Commissioners have been assigned every bit marriage officers for the purpose of solemnisation. The process for solemnisation of union under this Act has been discussed below.

Process for solemnisation of a matrimony nether the Special Wedlock Human action, 1954

The unabridged procedure of solemnisation of marriage nether the Special Spousal relationship Act, 1954, can be easily understood from the pointers listed below.

  • Following the submission of documentation indicating the issuance of a notice of intended marriage, both parties must exist present for the solemnisation of the marriage.
  • The SDM pastes a re-create of the notification on the office noticeboard.
  • Whatsoever person has 30 days from the date of the detect to enhance an objection to the proposed marriage. In this situation, the SDM will not solemnise the marriage until he has resolved the objection, which must exist done within 30 days of receiving it.
  • Any of the parties may submit an appeal to the District Court inside 30 days if the SDM refuses to solemnise the wedlock. If no objections are received within thirty days of the notice, the SDM volition solemnise the union.

Online Hindu spousal relationship registration procedure in India

Union registration in some Indian states can too be done online, just similar many other essential services in India these days. Online registration is preferable since it saves time and trouble, and it eliminates the need to stand in long lines, which is incredibly significant in these times of social distancing. It eliminates the need for several appointments with the marriage registrar. Different states have their respective portals for registering a marriage online. Given below is the procedure for registering a Hindu marriage online. For the purposes of this article and providing an easier understanding of the process, the example of Delhi's union registration portal has been used.

Step-by-step procedure to get your Hindu union registered online (in Delhi)

  1. The newly married husband and wife have to visit the Official site of Delhi to book an appointment from the e-district site – https://edistrict.delhigovt.nic.in/
  2. In the home page of the website itself, you will see an selection that reads "Registration of Matrimony." A screenshot has been fastened below for reference.
  1. Yous have to register yourself if yous are visiting this site for the first time, for the consequent visits you tin utilize your login credentials which you had created when you registered yourself.
  1. Once you have successfully registered yourself, select the district where the husband or the wife resides.
  2. Fill out the union certificate form with all of the details, including the solar day of marriage, location, the bride and groom's personal data, witnesses, and the appointment date.
  3. Once this stride is complete, you will be required to upload the documents.
  4. Then complete and submit the application form.
  5. Following the submission of the application form, the instructions and confirmation page will be displayed.
  6. Then obtain a hard re-create of the confirmation.
  7. The spouse must gather all of the essential paperwork, which are listed above in this article.
  8. The affidavit must exist submitted in the format specified; you tin can download the affirmation form pdf for this purpose. The link for the aforementioned tin be accessed here.
  9. Along with the documents, a difficult copy of the application form will be given to the Sub-Divisional Magistrate'south office, where all paperwork will be validated.
  10. Yous can complete the necessary procedures in the SDM's function.
  11. Y'all will then be able to obtain your wedlock certificate.

Importance of obtaining a marriage certificate

A marriage document is a legal certificate that establishes a couple's marital condition. It is a crucial certificate that can be used to verify that you are legally married to someone, besides equally for a variety of other things. A marriage certificate is substantially legal proof of a union'due south registration. It is a significant document on which 1 tin can rely to establish that they are lawfully married to someone, likewise as for a variety of other purposes, some of which are mentioned every bit nether:

  • For the purposes of irresolute one'south maiden name.
  • For opening a new bank account.
  • For getting a passport or a visa.
  • For applying for a certificate of income.
  • To obtain the insurance payout.
  • To claim assets if your name appears in a will with a relationship, amidst other factors.

Purpose served by a marriage document

Starting out, the very commencement and near basic purpose served by the marriage certificate is proving the status of marriage, so that neither the husband nor the wife tin commit bigamy. The marriage certificate ensures that the husband and wife both have equal rights within the marriage. It too includes the married woman in matters of availing rights of heritage. Always since the Supreme Court has made information technology compulsory to obtain a marriage certificate, instances of social evils like bigamy and child spousal relationship have reduced. It also avoids cases of fraud marriages, which is a very common miracle in NRI marriages where the hubby leaves the wife stranded and runs off to a foreign country with all the money and property received in the course of dowry.

Determination

A Hindu marriage in Republic of india tin can exist registered nether either the Hindu Matrimony Act of 1955 or the Special Union Act of 1954. The Hindu Marriage Human action simply applies to Hindus, whereas the Special Union Human action covers all Indian citizens, regardless of religion. The Hindu Marriage Act allows for the registration of a marriage that has previously been solemnised, but not for the solemnisation of a marriage past a marriage registrar. The Special Wedlock Human action, on the other mitt, allows for both solemnisation and registration by a Marriage Officer. With the advocacy of applied science, it has now become possible to register union online, which eliminates the frequent visits to the marriage registrar'south role. Simply follow a few simple steps and i visit to the SDM office after registering your marriage online will go y'all your marriage certificate.

As clearly established in the commodity, obtaining a matrimony certificate after solemnization is very essential. It not only establishes the legal validity of your marriage merely protects women and underage children from being exploited under the institution of marriage. The compulsory registration of wedlock has helped prevent instances of child wedlock and NRI wedlock frauds to a great extent. Hence, it is very important for ane to go his or her marriage registered so that there are no future conflicts in issues similar inheritance, buying of property, and other such issues that arise after marriage.

References

  • https://blog.ipleaders.in/marriage-registration-laws-republic of india/
  • https://www.indiafilings.com/learn/marriage-registration-in-india-step-by-pace-guide/
  • https://lawtimesjournal.in/procedures-and-registration-of-matrimony-under-hindu-union-act-1955/
  • https://blog.ipleaders.in/nature-hindu-spousal relationship-hindu-law/
  • https://blog.ipleaders.in/legal-procedure-registration-marriage-bharat/
  • https://bnblegal.com/article/registration-of-marriage-under-hindu-marriage-human action-1955/
  • https://vakilsearch.com/advice/spousal relationship-registration-india/
  • https://world wide web.oneindia.com/feature/how-to-employ-for-marriage-certificate-your-consummate-guide-1552309.html
  • http://ihbas.delhigovt.nic.in/wps/wcm/connect/DoIT/delhi+govt/community/matrimony+certificate+and+registration
  • https://world wide web.indiafilings.com/learn/delhi-marriage-registration-procedure-and-charges/
  • https://legaldocs.co.in/wedlock-certificate-online
  • https://pmmodiyojanaye.in/delhi-spousal relationship-certificate/

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How To Get Registered Marriage In India,

Source: https://blog.ipleaders.in/all-about-hindu-marriage-registration-procedure-in-india/

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