Why Marriage Registration Is Important
Marriage certificate is one document which is not taken seriously in India and because of which couples who are married or are planning to get married face problems.
Even though marriage registration is taken lightly in India, it is one of the most important things to be done once the rituals and the parties are over. Apart from providing security to both partners, registration of marriage makes everything a lot smoother in a country where rules change at the drop of a hat. While it is not compulsory in India yet, the Law Commission has given a recommendation to the government that registration of marriages within 30 days should be made mandatory, with a fine of ₹5 per day after that. So don’t delay your marriage registration in India any further.
Marriage certificate is a document which is issued by the registrar (Civil) and certifies the act of marriage along with the date, place and time for the same. The certificate is required as a proof of legal marriage and no matter what religion, caste or creed you belong to is mandatory by a directive of the Honourable Supreme Court dated 14.02.2006. Unregistered marriages are seen as a crime and are punishable offence. The Supreme Court further suggests the marriages be registered under HMA or the special marriage Act. Unregistered marriages are not illegitimate but any citizen of India needs to compulsorily register their marriages.
Benefits of a Court Registered Marriage in India
- If a spouse is working abroad and wants to take his or her partner along requires the marriage certificate. The foreign embassies abstain from issuing a work permit in the absence of a marriage certificate.
- Legal proceedings in case of succession of property to spouse are easy.
- For transfer of property or the custody of children in case of legal separation, the court requires a marriage certificate.
- In case of dissolution of first marriage, a person is able to enter the matrimonial alliance for the second time.
- Foreign embassies situated in India and outside of India do not recognize traditional marriages. To prove marriage in embassies certificate of marriage is needed.
- It will be helpful in claiming the Family pension or Bank deposits or Life Insurance benefits when the depositee or the Insurer dies without a nomination or otherwise.
- The need for a Marriage Certificate also arises in case you need to change your maiden name, etc.
- A certificate of marriage registration safeguards against denunciation of the wedding by any one spouse.
Procedures of Getting Marriage Registered
Couples who are planning to get married or are already married can get their marriage registered either by court marriage or getting married in a traditional way and then get their marriage registered.
Court Marriage Procedure
Court marriage procedure is governed by the ‘Special Marriage Act, 1954’ and is common across the nation. Court marriage can be solemnised between two parties (belonging to the same or different nations) irrespective of their caste, religion or race. Couples can directly apply to the Marriage Registrar in order to get marriage certificate.
- File a ‘Notice of Intended Marriage’ in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
- The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
- After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
- The marriage may be solemnised at the specified marriage office.
- Both parties along with three witnesses are required to be present on the date of registration/solemnisation.
Raditional Marriage Procedure
This is the most common way in which marriages take place in India. Couples marry in a traditional way with great pomp and show according to the region/religion they belong to and then get their marriage registered to obtain a certificate of marriage.
After the marriage has taken place couples generally hire an advocate and get the procedure of marriage registration going which may take a couple of weeks but with most of government departments digitized and online there is no running from pillar to post.
Application is made at the office of the Sub-Divisional Magistrate (SDM) in whose jurisdiction the husband or wife resides on any working day.
- Fill the Application form duly signed by both husband and wife.
- Verification of all the documents is carried out on the date of application itself.
- Appointment day is fixed and communicated to the parties for registration.
- On the day of the appointment both the husband and wife and witness need to be present before the ADM.
- The certificate of marriage is then issued to the couple.
Documents Required For Marriage Registration in India
1. | Aadhar Card/ PAN Card / Ration card with photograph / Voter ID card / Passport / Driving License / Any Govt. recognized document
Identity Proof of Husband and Wife |
2.
|
Aadhar Card / Passport/ Driving License /Nurisng Home /Hospital Report /SSC from recognized board by GOI / Birth certificate / Certificate from school signed by Principal on School letter head / Doctor or CMO report
Proof of Date of Birth of Husband and Wife |
3. | Aadhar Card / Voter ID card / Driving License / Passport /Ration Card / Electricity Bill / Water bill / Gas bill / Telephone bill / Registered Rent agreement / Any govt. issued document
Address Proof of Husband and Wife Before and After marriage |
4. | Aadhar Card / Voter ID card / Driving License / Passport / Ration Card with Photo/ Voter ID card / Passport / Any Govt. recognized document
Documents of Witnesses For Both Husband and Wife |
5. | Affidavits (Prepared By Advocate) and Application form in prescribed format |
6. | Application form in prescribed format |
7. | 2 colour photographs of both bride and groom in size
5 x4.5 cm or 2x 1.75 inch |
8. | Separate affidavits (Prepared by Advocate) on behalf of both Husband and Wife in prescribed format on Rs. 10 stamp paper containing all material particulars |
9. | Marriage Card |
10. | Marriage Photograph |
You may contact me for your specific case by visiting Contact Us
Leave A Comment