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Registration of Marriage in India

In India, a religious marriage ceremony is considered a legal marriage. However registration of marriage is now a legal requirement in most of the states in India. There are different rules and regulations for different religions. For example there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is Parsee Marriage and Divorce Act. 

In most of the countries registration of marriage is mandatory. Due to lack of awareness most of the Indian married couples do not get themselves registered. Such couples often face difficulties in future.

What is a Marriage Certificate:--A Marriage Certificate is the proof of registration of a marriage. Marriage Registration Certificate is issued to both Husband and Wife whose marriage has already been solemnized.

Role:--Marriage registration is an important part of the marriage system of today. To prove your marriage legal, you need to have marriage registration certificate. If you are in favour of registered marriage instead of social marriage, then it is necessary to go for a marriage registrar.

How can you register your Marriage OR Marriage Legalities:--It is necessary to keep in mind that as a rule all marriages have to be compulsorily registered. In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. The Hindu Marriage Act is applicable only to the Hindus, whereas the Special Marriage Act is applicable to all citizens of India.

Under the Hindu Marriage Act:

Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnized or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned.

Under the Special Marriage Act:

The parties to the intended marriage have to give a notice to the Marriage Officer in whose jurisdiction at least one of the parties has resided for not less than 30 days prior to the date of notice. It should be affixed at some conspicuous place in his office. If either of the parties is residing in the area of another Marriage Officer, a copy of the notice should be sent to him for similar publication. The marriage may be solemnized after the expiry of one month from the date of publication of the notice, if no objections are received. If any objections are received, the Marriage Officer has to enquire into them and take a decision either to solemnize the marriage or to refuse it. Registration will be done after solemnization of the marriage.

Any marriage already celebrated can also be registered under the Special Marriage Act after giving a public notice of 30 days, subject to conditions.

To be eligible for marriage, the minimum age limit is 21 for males and 18 for females. The parties to a Hindu marriage should be unmarried or divorced, or if previously married, the spouse by that marriage should not be alive. In addition, the parties should be physically and mentally healthy and must not be related in a way prohibited by the law.

Importance of Marriage Certificate: --
Marriage Certificate is very important document and one must apply for Marriage Certificate immediately after getting married. You only get your Marriage Certificate in the Country, State and City that you reside in during the date that you were married.

1. It is a Certificate stating that your Marriage is registered.

2. It is Legal Document.

3. Moreover, for visa and immigration purposes a formal marriage certificate from the Registrar of Marriages is required.

Certain Advantages for the compulsory registration of marriages:--The certificate is a Government document, which provides valuable evidence of marriage.

a) It is useful while accompanying wife/husband to foreign country.

b) If a person dies without nomination for bank deposit or life insurance policy, it will be useful to get such money in the name of husband/wife.

c)Registration would prevent child marriages and thereby prevent sale of girls and trafficking. 

d)Registrar will verify whether the marriage had in fact taken place in accordance with the personal law applicable to the spouses. He will specifically mention, in a special column, the presence of the spouses before issuance of marriage certificate. 

From where can you obtain Marriage Certificate :-- You can approach to the O/o the ADM of your ares or you can also approach to the concerned O/o the Deputy Commissioner during 10:00 AM to 1:00 PM on any working day. You can also Apply Online.

However, the non-registration of a marriage does not affect its legality and validity. Couples who do not register their marriages can be fined and any one giving false information to the authorities can be penalized with a short jail term. Even then it is always advisable to register a religious/ceremonial marriage because there is then proof of its legality and validity.

In matrimonial disputes it is not uncommon for one of the spouses to claim that no valid marriage took place. Religious authorities that solemnize marriages rarely maintain proper records. Once a marriage is registered with the authorities there is an assumption in law that a valid marriage took place.