court marriage law

Marriage Registration in India- Why, When, Where?

Preparing a wedding to-do list is a common task performed when someone gets married so that no important task gets missed. But everyone forgets about adding ‘Marriage Registration’ to the list. Registering a Marriage is as important as getting married. The reason is that the marriage certificate is legally recognized and it facilitates the legal rights of both the parties. Moreover, seeing the injustice done to women, the Supreme Court made marriage registration mandatory in 2006.

Obtaining a Marriage Certificate is Important

Apart from being a legitimate proof, the marriage certificate is also required for other official works and to claim legal rights as explained below:

  • While applying for a passport or opening a bank account post-wedding with a new surname, the certificate will be important.
  • To travel abroad on a spouse visa or to apply for a residency of another country, showing the marriage certificate will be mandatory.
  • To buy property together and for its registration under joint ownership, the marriage certificate will be very important.
  • Even to apply for a home loan together, the couple is going to need the certificate that proves the marriage has been registered.
  • If one of the spouses dies, a legally registered marriage will make life simpler for the living partner.
  • Even to claim life insurance upon the death of a partner, the spouse will need to show the document.
  • If the couple has to face a divorce, the process of separation will be easy if you have the marriage certificate.
  • Both the parties will also have their legal rights if things between them have become adverse.

Furthermore, Marriage registration depends on the religions of both the parties involved.

  • If both the husband and the wife are Hindu, Sikh, Jain or Buddhist, marriage will be registered under the Hindu Marriage Act, 1955.
  • If one of the parties is Muslim, Christian, Parsi, or Jewish, marriage will be registered under the Special Marriage Act, 1954.

However, the registration under both the Acts does not make a major difference but the processes will be dissimilar. 

Online and Offline Marriage Registration in India

For offline marriage registration:

  • Under the Hindu Marriage Act, the couple has to apply to the sub-registrar under whose jurisdiction the marriage was formalized. The couple can also apply to the registrar under whose jurisdiction any of them has lived for at least six months.
  • Under the Special Marriage Act, the couple has to give a 30-day notice to the sub-registrar under whose jurisdiction at least one of the partners has lived. The copy of this notice is placed on the sub-registrar’s office board for a period of 30 days.

If there is no objection to the marriage within the period of 30 days, the marriage is then registered.

For online marriage registration:

To avoid the hassle of visiting the government office at regular intervals, there is another option i.e. online marriage registration. The online process involves the following steps:

  • Download the marriage registration form online.
  • Go through the procedure of registration.
  • Select the district and enter the required details in the online form.

Afterward, the couple will get a particular date that will be around 15 days later under the Hindu Marriage Act or 60 days later under the Special Marriage Act. On that date, they have to present at the office along with certain mandatory documents as well as two witnesses who have attended the wedding.

Also, if you have not registered your marriage, don’t think that you are legally single. Marriage registration must be done as soon as the rituals are over and within 30 days of the marriage so as to avoid any inconvenience as well as the penalty that has been recently implemented by the Indian government. So waste no time and get your marriage legally recognized.

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