Why is it necessary to get your wedding registered in India?

  • By Ridhima Arora
  • March 4, 2020
  • 5 minutes read

 

 

This is often a topic of debate to get a marriage registered in court or not though it is made mandatory by the Supreme Court of India, in 2006, to register all marriages in the eyes of the law, which will be a valid proof of your relationship with your better half. Plus, nowadays In today’s time, with evolving laws, registering your marriage is the crucial step that needs to be done as soon as the wedding celebrations are finished.

If you are also planning a court marriage before a ceremonial wedding or just got married then here is all the information you should know about getting your marriage registered in India.

 

 

Benefits of registering a marriage in India

 

Getting your marriage registered not only provides security to both the partners, but it also makes a lot of things smoother as in Indian rules are prone to change. Plus, it also helps the couples to easily travel abroad with the help of spouse visa, and a marriage certificate is obligatory if you are planning to apply for a residency in some other country. Also, if you are planning to buy a joint property or apply for a home loan with your spouse, then a marriage certificate will be regarded as one of the mandatory documents by the bank or any lending authority.

 

 

What role does religion matter while registering your wedding?

 

When it comes to marriages, our law has two legislations depending upon your religion. First one is The Hindu Marriage Act, 1955, which is for the partners of the same religion and the second one is The Special Marriage Act, 1954 if partners are from different religions. The marriages are registered differently in both the cases but registering under any of them will have no effect on the validation of marriage whereas the process of registration might be different.

In the cases of different nationalities, the marriages are registered under the Special Marriage Act. The process will include submission of a No Impediment Certificate/NOC from the concerned Embassy with the visa details that too within the 30 days of getting married or else their passport can be impounded or revoked.

Also, both the partners have to apply to the Sub-Registrar under the Hindu Marriage Act, in whose jurisdiction the marriage was solemnized, or you can also apply to the registrar under whose jurisdiction either of the partners has resided for more than six months.

Whereas in the Special Marriage Act, you and your partner have to give a 30-day notice to the Sub-Registrar under whose jurisdiction at least one of you has resided. After that, the notice is then put on the Sub-Registrar’s office board for a month, and a copy of that notice is also sent to the other Sub-Registrar in case either of the partners is residing under another Sub-Registrar’s jurisdiction. If things are smooth with no objections to the marriage within one month, the marriage is then registered with the Marriage Registrar.

 

 

Is there a difference between a Court Marriage and Registration?

 

In both cases, the process is just the same as court marriages are solemnized in court in front of officials, especially under the Special Marriage Act. On the other hand, in marriage registration, you have to show proof of your wedding that happened elsewhere, if you want it to get registered legally.

 

 

What are the legal aspects to keep in mind when registering a marriage in India?

 

You need to fill a marriage application form and submit the below-mentioned documents…

  • Age proof of the couple
  • Proof of residence (Aadhar Card, Voter ID, Ration Card or Driving License)
  • An affidavit stating the place and date of marriage, marital status at the time of marriage, and the date of birth of both parties with their nationalities
  • Two-three passport sized photographs
  • A copy of divorce order in case of a divorcee, and death certificate of spouse in case of widow/widower
  • A signed certificate from the priest who solemnized the marriage
  • Certificate of conversion, if applicable– Marriage invitation card, if available
  • Affirmation from both the sides to stating that you are not related to each other within the prohibited degree of relationship as per the Hindu Marriage Act or Special Marriage Act

 

The form needs to be signed by you and your partner and with that, you also need to submit a fee of ₹ 500-1000 that varies in different states. Plus, you also need to get your documents attested from a Gazetted Officer. Apart from all this, there is also a primary condition in which both parties must have given free consent that means both the partners should not be of unsound mind or be forced to take the decision. After all the verifications of the documents provided, you will be given a date that is usually after 15 days in the cases of Hindu Marriage Act and 60 days in the Special Marriage Act. At that date, both of you need to be physically present before the Marriage Registrar along with the Gazetted Officer, three witnesses and their documents as well.

 

 

Can this process be done online?

 

This scenario is totally different in all the states. Presently, you can register for a marriage certificate online if you are residing in Delhi, but this service is not available in even big cities such as Mumbai and Bengaluru. After filling out an online form, you’ll be given a temporary number. After that, you will need to carry the printed copy of the form with an acknowledgement slip, as well as the related documents along with your witnesses to the Sub-Registrar’s office on your allocated date for the registration of your marriage.

 

 

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