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Marriage Registration under the Special Marriage Act
  • By: admin
  • Date: 12 Feb 2020
  • Marriage Registration
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A marriage which has solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954.

Where the parties, i.e. husband and wife, are Hindus, Buddhists, Jain or Sikhs or whether they get converted into any of these religions, the Hindu Marriage Act is applicable. And if either of the parties or both are not Hindus, Buddhists, Jain or Sikhs the marriage is said to register under the Special Marriage Act, 1954.

 

Documents required for registration are as follows:

  1. The application form signed by both husband and wife.
  2. The document which specifies the date of birth of parties (Passport, Birth Certificate.)
  3. Address proof of husband and wife both. (Adhar Card is necessary for registration.)
  4. An affidavit from both the parties mentioning place and date of marriage, birth date, marital status at the time of marriage, nationality. The Affidavit should say that the parties aren't related to each other within the prohibited degree of relationship as per the Hindu Marriage Act or Special Marriage Act as the case may be.
  5. Passport Size photo of husband and wife and one marriage photo.
  6. Invitation card of Marriage, if available.
  7. The conversion certificate from the priest who solemnised the marriage ( in case of Hindu Marriage Act) if the parties belong to other than Hindu, Buddhist, Jain and Sikh religions.
  8. Photograph and PAN card copy of two witnesses.

 

A Gazetted Officer should attest all documents. Registration of marriage under the Special Marriage Act, the presence of both the parties is required after the documents are submitted regarding the issuance of a notice of intended marriage.

 

Copy of notice is posted on the notice board by the SDM at their office. Any person, within 30 days of issuance of the notice, can file an objection to the intended marriages. If no objection is received, the SDM solemnises the marriage after 30 days of the notice.

If in any case, SDM refuses to solemnise the intended marriage, either of the parties can file an appeal to the District Court within 30 days. Witnesses, along with both parties (who had attested the marriage) are required to be present on the date of registration of marriage.

 

The Special Marriage Act deals with both the registrations as well as the solemnization of marriage. Conditions for valid marriage have been laid down under Sec. 4 of the Special Marriage Act, which is similar to those under Sec. 5 of the Hindu Marriage Act, 1954.

 

The Special Marriage Act lays down the following conditions for a marriage to be regarded as a lawful one, having legal standing, by Sec. 4:

  • No party should have a spouse living at the time of the marriage
  • The physical and mental capacity of both parties must be as per the provisions.
  • The female must complete the age of eighteen, and the male has to complete the age of twenty-one.
  • The parties should not be within the prohibited degrees of relationship provided that custom permits such a marriage between them.

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Procedure for Registration of Marriage

By: admin Marriage Registration 27 Apr 2019

Marriages can either be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954 in India. For both, a marriage certificate is a legitimate proof that a couple has married. A marriage certificate is an official declaration which states that two people are married. 

The Supreme Court mandates registration of the marriage for safeguarding women’s rights since 2016. It's essential that the women get their marriage registered immediately after marriage as it establishes their legal claim as a wife. Thus, obtaining a marriage certificate can have various benefits. It is not just 'another license' that one must acquire. To get the marriage certificate, the bridegroom should be over 21 years of age, and the bride should be more than 18 years.

The reason to obtain marriage certificate is that it is a vital document while applying for the passport or opening a bank account with a new surname post-wedding. Also, in the case of visa processing, many embassies request a copy of the marriage certificate. Therefore, it is obligatory for many couples who want to move abroad after the wedding.

Documents required while applying for marriage certificate;

1) Personal Identity proof
- Aadhar Card
- PAN Card
- Ration Card
- Driving license
- Passport
- Passport size photo

2) Age proof
- School certificate
- Birth certificate
- Visa
- Passport

2) Marriage proof
- Wedding invitation
- Temple marriage receipt (If Any)
- Any other proof of marriage solemnization

4) Address proof
- Electricity bill
- Rent agreement
- Ownership deed

Procedure for Registration of MarriageSteps to register the marriage under the Hindu Marriage Act, 1955 are as follows;

- The application form from the link provided by the state can be downloaded and printed.
- After getting the printout of the application form and filling all details to be asked in the way; and
- After filling all details in the form and declaration form, give your signature on the bottom of the form.
- Submit the application form to your nearest local authority 

Steps to register the marriage under Special Marriage Act:
- Fill the online application form from the link provided by the state and fill all the details to be asked in the form.
- Give notice of intended marriage to the registrar in 30 days advance with the prescribed fee.  
In case of no objection found within 30 days from the date of notice of intended marriage. The bride and bridegroom must appear in the registration office within the next 60 days with three witnesses.
- After all the prescribed procedure, registrar registers the marriage.
Bride and bridegroom and three witnesses should give their signature on the declaration and marriage certificate. 

For marriage registration under the Hindu Act, the marriage must have been solemnised as per the Hindu customs or non-customary, and the bride & bridegroom must belong to Hindus, Jain, Buddhist and Sikhs. Further, any of the following premises should come within the jurisdiction of the Registering Officer:

- Residence of the bride.
- Residence of the bridegroom.
- Solemnization place.
- For Online Registration

Marriage Registration is required in India for the reasons:

It is a legal proof you are married and the most vital document of a marriage, for purposes like obtaining a passport, changing your maiden name, etc. ascertain dishonest husbands altogether deny marriage leaving their spouses in the pitch, be it for seeking maintenance, custody of children or inheritance of property, etc. Thus, moved by the plight of deserted women fighting for their rights like maintenance and custody of children, etc. it is imperative for such women to have their registration of marriage so that they can claim their right legally.

To ensure your marriage, you should have your marriage testament recorded. In case of applying for a travel permit, opening a financial balance in the wake of wedding and other legal exercises expect you to have your marriage authentication. A marriage declaration is additionally required on the off chance that you need to apply for life coverage arrangements. There are even odds of marriage question in specific cases, and marriage endorsement can be a substantial confirmation of the way that you are lawfully hitched.

Marriage registration is required as proof of marriage. It will help to manage a lot of legal complexities that may occur in future.

Suppose one of them died natural death the surviving partner has all rights on the property of the deceased. There are chances of others questioning the sanctity of the marriage. Mostly claims may come from the relatives of the dead.

Having some record of your marriage is only reasonable, and it will help you manage many situations in future. The Government insists on marriage registration after noticing misuse of marriage certificates from other (religious) institutions too. 


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