Marriage Registration in India: Six things every couple must know
When it comes to getting married in India, there are many rules and customs. However, you should not overlook the legal obligations that must be met on time to validate these traditional rules and customs.
Getting your marriage registered according to Indian laws is critical. Marriage registration not only provides legal recognition to the partnership but also provides certain assurances to both the spouse and the husband in the event that something happens to go wrong. But before diving into the subject, as a pair, you should be aware of a few topics to address before getting married in India, such as their work ethics, expenses, culture, their past, health, religious beliefs, and so on.
Moreover, in the event of a divorce, a legally registered marriage makes the process of dividing assets go more smoothly. Furthermore, if either the husband or the wife passes away, a legally recognized marriage makes life easier for the surviving life partner. If further security is required in the event of the death of a spouse, the living partner must sign a marriage testament. Let’s also look at ways to see if your marriage is legally recognized.
Here are six things every couple must know about getting their marriage registered in India.
1. Get a marriage certificate
You may be wondering why a marriage certificate is required in India. It is because a marriage certificate is regarded as an official agreement or an authorized certificate which indicates that two people (a man and a woman) have been recognized by society to live together for the rest of their lives and lead the family’s subsequent generations.
The very first step itself is to obtain an official marriage document. The procedures differ from one state to the next, and even from one city to the next! You must ensure that you follow the laws of the state in which you reside, in this regard.
To obtain the declaration, you will need to provide lawfully issued identification cards, proof of marriage, and a number of witnesses/observers to vouch for you. You’ll also have to pay a small registration fee.
The time it takes to get the certificate after the marriage is registered can range between 7 to 3 months.
2. Does religion matter?
Depending on your religion, if both partners are Hindus, Sikhs, Jains, or Buddhists. your marriage will be registered under the Hindu Marriage Act or the Special Marriage Act.
In any case, your marriage can be solely registered under the Special Marriage Act if either of you is a Muslim, Christian, Jewish, or Parsi.
While enrolling under any of these Acts would not normally have a long-term impact on your life, there are certain differences in the enrolment method for both.
3. Request for a name or surname change
A name or sureman must be requested through the State Government Gazette. This enables them to include your new name or surname in their records. Further, make it official by declaring it in local newspapers through paper-cutting. In case you would prefer to not pursue this procedure, a Joint Notarized Affidavit from a legal official is sufficient for this reason.
Thereafter, your name will be changed in all the necessary government documents like PAN card, Aadhar card, bank records, etc. However, these days a lot of couples prefer sticking to their original names and surnames.
4. Offline Marriage Registration in India
According to the Hindu Marriage Act, both the husband and wife must apply to the sub-registrar in whose ward the marriage was sanctified, or to the registration center in whose purview either life partner has lived for at least 6 months.
Under the Special Marriage Act, both spouses must send a 30-day notification to the sub-enlistment centre in the vicinity of the area where one of the partners has lived. Following this a duplicate of this notice is posted on the sub-registrar office bulletin board for at least 30 days. In case, both of the spouses are dwelling under another sub registrar’s purview, a copy of the notice must be sent to him as well.
In the event that there is no opposition to the marriage during these 30 days, the marriage is then registered.
- Documents necessary to be submitted while submitting an application for marriage registration in India
- Application form signed by both the spouses. The forms can be downloaded online for instance under Hindu Marriage Act and under the Special Marriage Act.
- Location proof of both spouses such as PAN card, passport, Aadhaar card, or driving license
- Date of birth proof of both spouses in the form of PAN card, passport, Aadhaar card, or driving license
- Affidavit stating the place and date of marriage, marital status at the time of marriage, date of birth of both parties and nationalities of both parties
- Affidavit affirming location and date of marriage, marital status at the time of marriage, date of birth of both the partners and nationalities
- Passport-sized photos of both spouses and one certified wedding photo of them as husband-wife
- Marriage invitation card with the name of both the partners, place and date of marriage
- A certificate duly signed by the priest who sanctified the marriage
- Certificate of changes for instance, in the name; religion; etc. if relevant
- Copy of the divorce order, if appropriate
- Death certificate of husband or wife, if either partner is a widow or widower.
- Two eyewitnesses at the time of the marriage registration were available at your wedding.
5. Online marriage registration in India
Don’t worry if you’re worried about having to go to government offices on multiple occasions. You can save time by beginning the process online with the help of the experts at Vakilsearch.
The Delhi government website details the process for all couples in the community to enroll in online marriages. You are required to:
- Pick your district
- Fill in your spouse’s details
- Fill in the required form online.
After this procedure, you will be given an appointment for a specific date. This will be roughly 15 days after submission under the Hindu Marriage Act. Under the Special Marriage Act, the scheduled time can be as long as 60 days. Upon the arrival of the official meeting day, you will be required to show all the required document proofs, which have been referenced above, and two eyewitnesses who went to your wedding.
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