Guidelines for marriage Registration in India
Marriage is considered as a religious and auspicious ceremony in India. Being a signatory to the convention adopted by U.N. General Assembly in 1979 on Elimination of All forms of Discrimination against Women, India, while keeping in view the variety in customs and level of literacy agreed to the fact that compulsory registration of marriages was highly desirable. Many states such as Andhra Pradesh, Himachal Pradesh, Karnataka and Gujarat provide for compulsory registration of marriages for all. There are different rules and regulations for different religions. For example there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act etc. Registration serves as crucial evidence in the matters of custody and rights of children born from the wedlock of the two persons whose marriage is registered.
The Purpose of compulsory registration is to benefit the society, especially women i.e.
1. To keep a check on prevention of child marriage.
2. To prevent marriages without consent of the parties.
3. To check illegal bigamy or polygamy.
4. To enable married women to claim their right to live in the matrimonial house and widows to claim their inheritance rights and other benefits and privileges.
5. To deter men from deserting women after marriage and deter parents/ guardians from selling daughters/ young girls to any person including a foreigner in pretext of marriage.
Under Hindu Marriage Act, 1955, the bridegroom should be the age of 21 years and bride of 18 years. Registration under this act requires a number of documents to be furnished. Such documents must be attested by a Gazetted Officer and all the documents are verified on the date of application. After that, a day is fixed and communicated to the parties for registration. On the day so fixed, both parties along with a Gazetted Officer who attended their marriage meet the SDM. Generally, the marriage certificate is issued on the same day or within a few days.
These documents are:
1. Application form: Duly signed by both husband and wife.
2. Matriculation Certificate / Passport / Birth Certificate to ascertain the date of birth.
3. Ration card of either whose area SDM has been approached for the certificate.
4. Affidavit stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
5. Two passport size photographs of both and one marriage photograph.
6. Marriage invitation card, if available and if marriage was solemnized in a religious place, a certificate from the priest who solemnized the marriage.
7. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act.
8. In case of a divorcee, attested copy of divorce decree/order and in case of widow/widower, death certificate of spouse.
9. Conversion certificate from the priest, solemnizing marriage if one of the parties belongs to other than Hindu, Buddhist, Jain and Sikh religions.
Under Indian Special Marriage Act of 1954, in case a marriage between an Indian and a foreign national is to take place in India, generally “Marriage Notice” is required to be filed with the registrar. This notice can be submitted only in India. The partner who is resident in India will fill notice and send it to his/her partner in the foreign country. After being filed by foreign partner and once sent back in India, this notice should be re-submitted at the Marriage Registration Office. The notice should be published for the stipulated 30 days. After the completion of such period, the registrar is free to perform such marriage. Documents required are:-
1. Valid passport.
2. Original Birth Certificate showing names of parents.
Under Indian Christian Marriage Act, 1972 the relevant entries are made in the marriage register of the concerned church soon after the marriages and the signatures are of bride and the bridegroom, the official priest and the witnesses are taken.
The Purpose of compulsory registration is to benefit the society, especially women i.e.
1. To keep a check on prevention of child marriage.
2. To prevent marriages without consent of the parties.
3. To check illegal bigamy or polygamy.
4. To enable married women to claim their right to live in the matrimonial house and widows to claim their inheritance rights and other benefits and privileges.
5. To deter men from deserting women after marriage and deter parents/ guardians from selling daughters/ young girls to any person including a foreigner in pretext of marriage.
Under Hindu Marriage Act, 1955, the bridegroom should be the age of 21 years and bride of 18 years. Registration under this act requires a number of documents to be furnished. Such documents must be attested by a Gazetted Officer and all the documents are verified on the date of application. After that, a day is fixed and communicated to the parties for registration. On the day so fixed, both parties along with a Gazetted Officer who attended their marriage meet the SDM. Generally, the marriage certificate is issued on the same day or within a few days.
These documents are:
1. Application form: Duly signed by both husband and wife.
2. Matriculation Certificate / Passport / Birth Certificate to ascertain the date of birth.
3. Ration card of either whose area SDM has been approached for the certificate.
4. Affidavit stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
5. Two passport size photographs of both and one marriage photograph.
6. Marriage invitation card, if available and if marriage was solemnized in a religious place, a certificate from the priest who solemnized the marriage.
7. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act.
8. In case of a divorcee, attested copy of divorce decree/order and in case of widow/widower, death certificate of spouse.
9. Conversion certificate from the priest, solemnizing marriage if one of the parties belongs to other than Hindu, Buddhist, Jain and Sikh religions.
Under Indian Special Marriage Act of 1954, in case a marriage between an Indian and a foreign national is to take place in India, generally “Marriage Notice” is required to be filed with the registrar. This notice can be submitted only in India. The partner who is resident in India will fill notice and send it to his/her partner in the foreign country. After being filed by foreign partner and once sent back in India, this notice should be re-submitted at the Marriage Registration Office. The notice should be published for the stipulated 30 days. After the completion of such period, the registrar is free to perform such marriage. Documents required are:-
1. Valid passport.
2. Original Birth Certificate showing names of parents.
Under Indian Christian Marriage Act, 1972 the relevant entries are made in the marriage register of the concerned church soon after the marriages and the signatures are of bride and the bridegroom, the official priest and the witnesses are taken.
Comments