The marriage certificate is legal and a valid document as it establishes the marital status of a couple. This document is very much useful especially sudden demise of a husband or wife and when you need to prove your marriage. Hence, Supreme Court made it mandatory for a couple to register irrespective of the religion they belong to.
Why you need to register marriage?
- It is valuable evidence of marriage under the law of the land.
- It provides social security and confidence among women.
- It is helpful in getting a Passport/Visa.
- It will be helpful in claiming Bank Deposits, Life Insurance, or any other investments or property when the depositee, life insured person or investor dies without opting for nomination.
So you noticed that it is very much important for married couples to register it immediately after marriage. Currently, Hindu’s (Hindu, Buddhist, Brahma, Prarthana and Arya samaj) can register marriage certificates under the law of Hindu Marriage Act, 1955. Parsi (Parsies and Zoroastrians) can register under the act of Parsi Marriage and Divorce Act, 1936. Rest can register their marriages under the act of Special Marriage Act, 1954. https://blog.registermarriage.org/what-is-the-special-marriage-act-all-you-need-to-know/
Where do you need to register marriage?
- Marriages under Hindu Marriage Act can be registered in the office of the Registrar of Marriage within the jurisdiction under which the marriage takes place or in the office of the Marriage Officer in whose jurisdiction the bride or bridegroom resides.
- Marriage under Special Marriage Act can be registered in the office of the Marriage Officer under whose jurisdiction the bride or bridegroom resides.
- Marriage under Parsi Marriage Act can be registered in the Office of the District Registrar under whose jurisdiction the marriage takes place.
Sub Registrar Officer who registers documents related to property or immovable property transactions is usually called Marriage Officer. So you need to register your marriage by visiting the Marriage Officer office which usually situated in Taluk Head Quarters/District Head Quarters/or in few places of Hobli Head Quarters. Age of the Bridegroom must have completed 21 years and the bride 18 years completed.
- Under Hindu Marriage Act
1) Download the form by clicking HERE (if you belong to tamilnadu, otherwise your respective state registrar website)
2) Fill the details like name and address of bride and bridegroom.
3) Take 3 witness signature who present at the time of marriage along with their name and address.
4) Paste the Joint Photo of bride and bridegroom in the space provided on application form and sign across it.
5) Present such filled form to Marriage Officer.
6) If he satisfy submitted application then he will issue the certificate of marriage.
- Under Special Marriage Act, 1954
1) Bridegroom and bride should give notice of intending of marriage 30 days in advance. They must lived more than 30 days within the jurisdiction of marriage officer before giving such notice.
2) If no objections were received with the prescribed 30 days then they can appear before marriage officer within the next 60 days after 30 days notice period completion. They must bring in 3 witnesses for solemnization of marriage. After this marriage officer according to rule will solemnize the marriage. Within 90 days from this marriage officer’s solemnize if couple not get married then again they need to start a fresh procedure as said above.
3) Marriage officer will administer oath and solemnize the marriage by issuing the certificate of marriage.
4) Both couples along with 3 witnesses must sign the declaration and on the certificate of marriage.
- Under Parsi Marriage and Divorce Act, 1936
1) Parsi priest solemnize the marriage.
2) He will obtain the signatures of bride, bridegroom and 2 witnesses in the prescribed form and issue a certificate of marriage.
3) Certificate need to send to Marriage Officer for registration along with prescribed fee.
4) Registrar will record it in the prescribed register.
Time limit for registration–
Marriages under Hindu or Parsi Marriage Act may be registered any time after marriage. But if marriage held already and you are registering the marriage under Special Marriage Act then follow the below procedure.
1) Application along with necessary documents need to be submitted to marriage officer. If there are no objections within 30 days of such application then both husband and wife must appear before marriage officer along with 3 witnesses. Subject to below conditions this marriage will get registered.
- They must be married and living together since then.
- At the time of marriage, any of them should not have more than one living wife or husband.
- Any of them should not be idiot or lunatic at the time of marriage.
- Both husband and wife must complete 21 years of age.
- Both husband and wife should have lived more than 30 days within the jurisdiction of marriage officer.
Restrictions for registration of marriages–
Under Hindu Marriage Act, 1955 and Special Marriage Act, 1954
- If Bridegroom or Bride is married husband or wife.
- If the Bridegroom or Bride is suffering from any mental illness or unsound mind.
- If the Bridegroom or Bride who is descendants up to 5 generations from the mother’s side or father’s side cannot marry (They are called Sapindus).
Under Parsi Marriage Act 1936
- If both Bridegroom or Bride are relative according to said law and comes under prohibited relationship then they can’t register the marriage.