How to Get Marriage Registration Certificate
How to Get Marriage Registration Certificate
Marriage or wedding is a major milestone for all individuals during their lifetime. In India, a religious marriage ceremony is considered a legal marriage. However, the law also permits for a civil ceremony pursuant to the Indian Special Marriage Act of 1954 for those who do not wish to marry in a religious ceremony. Moreover, a marriage registration certificate can also be required for visa or immigration purposes from the Registrar of Marriages. In this article, we look at the laws and regulations pertaining to wedding and marriage in India.
Civil Marriage Ceremony
Persons who do not wish to marry in a religious ceremony can opt for a civil ceremony under The Special Marriage Act, 1954. The Special Marriage Act extends to the whole of India except the State of Jammu and Kashmir and also applies to citizens of India domiciled in the territories to which the Act extends who are in the State of Jammu and Kashmir.
Marriage can be registered under The Special Marriage Act, subject to the following:
- The groom is over the age of 21 years, and the bride is over the age of 18 years;
- Neither the bride or groom has a spouse living;
- Both the bride and groom are not within the degrees of prohibited relationship;
- Both the bride and groom are capable of giving a valid consent to the marriage;
- Both the bride and groom are no suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children;
- Both the bride and groom are not subject to recurrent attacks of insanity or epilepsy;
After fulfilment of the above conditions, when a marriage is intended to be solemnized under the Special Marriage Act, the bride or groom of the marriage must give notice in writing to the Marriage Officer of the district in which at least one of the parties has resided for a period of more than thirty days.
The Marriage Officer will record the request in the Marriage Notice Book, which is open for inspection, without any payment of the fee. After the expiration of thirty days from the date on which notice of an intended marriage has been published in the Marriage Notice Book, the marriage may be solemnized, unless it has been objected by anyone.
Hindu weddings or marriages are governed by The Hindu Marriage Act of 1955. In addition to Hindus, The Hindu Marriage Act of 1955 is also applicable to Jains, Sikhs and Buddhists. In cases where both the husband and wife are both Hindus, Buddhists, Jains or Sikhs, the Hindu Marriage Act is applicable.
Under The Hindu Marriage Act, to be married, the groom should be over the age of 21 years, and the bride should be over the age of 18 years. The bride and groom must also not be within the degree of prohibited relationship. To register a Hindu Wedding and obtain a marriage certificate, the following documents and information are required:
- Marriage application form with passport size photos of the bride and groom.
- Details of the bride and groom, including name, occupation, religion, caste, address and parents details.
- Documentary evidence of the date of birth of parties (Matriculation Certificate / Passport / Birth Certificate).
- If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage
- Affirmation that the parties are not related to each other within the prohibited degree of relationship.
Christian weddings or marriages are governed by the Indian Christian Marriage Act, 1872. The Indian Christian Marriages Act, 1872 is applicable when either the bride or the groom or both is/are Christians. Christian marriages in India are performed by a Minister or Priest in a church. After the marriage, a marriage registration certificate can be obtained.
Under The Indian Christian Marriage Act, 1872, the bridegroom must be over 21 years old, and the bride must be over the age of 18 years. Consent to the marriage must be free and voluntary and not obtained by misrepresentation of facts, compulsion or undue influence. Further, neither party should have a spouse living at the time of marriage. Finally, the marriage must be performed in the presence of at least two reliable witnesses, by a person licensed to grant a certificate to the marriage.
Persons eligible to conduct Christian Wedding:
The following persons are eligible to conduct a Christian wedding:
- Persons appointed by the Episcopal provided that such marriages are performed as per the customs and rituals, regulations governed by the Church of which he is a Minister;
- Any Clergyman of the Church of Scotland, provided that such marriages are performed according to the customs, rules and regulations governed by the Church of Scotland;
- Any Minister of Religion licensed under this Act to solemnize marriages;
- By any person who is appointed by or in the presence of the Marriage registrar under the Act;
- Any person licensed under this Act to grant certificates of marriage between Indian Christians.
After the wedding, an application for registration of marriage can be made by the bride and groom to the concerned authority in whose Jurisdiction they have been residing. Based on the application, the Registrar of Marriages of the concerned Jurisdiction can issue a marriage certificate.
‘Nikah’ according to Muslim Law is a contract underlying a permanent relationship based on mutual consent. A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other, as is required for a contract. Also, there can be no marriage without free consent and consent should not be obtained by means of coercion, fraud or undue influence.
For a marriage to be solemnized under Muslim law, it must adhere to three major essential aspects. Failure to adhere to any of the aspects can in marriage becoming void or irregular.
Proposal and Acceptance
There must be a proposal and acceptable for marriage, as required for a contract. Hence, the man or someone on his behalf and the woman or someone on her behalf should agree to the marriage, and the agreement should be witnessed by two adult witnesses.
The parties to a marriage must have the capacity of entering into a contract. They must be competent to marry. Muslim who is of sound mind and who has attained puberty may enter into a contract of marriage.
No Legal Disability
The marriage should not have any elements which are prohibited by the Muslim Law.
To obtain a marriage certificate in India or contact a Family Lawyer, visit IndiaFilings.com