Question

what is the process of registering a marriage in India ?

Answer 1

 
The Supreme Court of India, in 2006, made it mandatory to register all marriages. In India, a marriage can either be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable to Hindus, whereas the Special Marriage Act is applicable to all citizens of India irrespective of their religion. The Hindu Marriage Act provides for registration of an already solemnised marriage, and does not provide for solemnisation of a marriage by a Marriage Registrar. However, the Special Marriage Act provides for solemnisation of a marriage as well as registration by a Marriage Officer. To be eligible for marriage in India, the minimum age is 21 years for males and 18 years for females.

Registration under Hindu Marriage Act, 1955

The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs, or where they have converted into any of these religions. The first step in this process is to apply to the sub-registrar under whose jurisdiction the marriage has been solemnised, or either party to the marriage has been residing.

Both partners will need to fill in the Application Form, sign it and submit it along with two photographs of the marriage ceremonies, invitation card of marriage, age and address proof of both parties, affidavit of Notary/Executive Magistrate to prove that the couple is married under Hindu Marriage Act 1955, fit mental condition and proof of non-relationship between the parties within the degree of prohibition.

All the documents should be attested by a Gazetted Officer and the parties will have to deposit a fee with the cashier at the sub-registrar and attach the receipt with the Application Form. Once the application has been submitted and the documents verified, the concerned officer will assign a date of registration when the marriage certificate will be issued.

Under the Hindu marriage Act, 1955, certain conditions have to be fulfilled in order to consider the marriage between the parties legal and valid. These conditions have been specified under Sec. 5 and sec. 7 of the Act. By virtue of section 5 of the Hindu Marriage Act 1955, a marriage is considered valid only if both the parties to the marriage are Hindus. If either of the party to the marriage is a Muslim or a Christian, then the marriage will not be a valid Hindu marriage.