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What is the Marriage Registration Procedure in India?
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The marriage certificate is an essential legal document that shows the couple’s union. It can be registered under two special laws made compulsory after 2006 in India. In addition, getting a marriage certificate helps you avail yourself of certain governmental benefits.
So, let’s explore the registration procedure, its importance, eligibility criteria, and other relevant details. Scroll down to learn more!
Table of Contents
What is a Marriage Certificate?
A marriage certificate is an essential legal document that officially certifies the marriage between two people. It contains essential details, such as the marriage ceremony’s time and place, the signatures of the officiant, witnesses, and parties involved.
To register a marriage, the bride must be over 18, and the groom must be over 21.
Why Should We Obtain a Marriage Certificate?
A marriage certificate is a very crucial document for married couples that serves as legal proof of their union. Apart from this, it also smoothens various government document application processes, such as:
- Application for driving license
- Insurance claims
- Adoption
- Application for passport
- Application for divorce
- Getting medical benefits
- Application for job
- Filing Income Tax returns
- Application for visa
- Getting a new bank account opened
Legal Recognition and Benefits of a Marriage Certificate
The legal recognition and benefits of a Marriage Certificate are:
Immigration
If your spouse is a resident of another country, a marriage certificate is essential for the immigration process.
Change of Name
After marriage, a wife is often seen to change her surname. Hence, during that process, a marriage certificate is essential.
Evidential Proof
It can work as evidence in case of inheritance and custody arrangements.
Application for Driving License
Applying for a driving license will be easier with a marriage certificate.
Buying Insurance
Buying insurance will also be a cakewalk with the help of a marriage certificate.
Claim Spousal Benefits
A marriage certificate allows one to claim certain spousal benefits, such as tax benefits, health insurance, and social security benefits.
File Income Tax Returns
The marriage certificate can help file the tax returns for complete family income.
Adopting a Child
A marriage certificate is essential during a couple's adoption of a child.
How to Apply for a Marriage Certificate Online?
Follow the steps below to apply for a marriage certificate in India:
- Step 1: Visit your official state government portal for marriage registration.
- Step 2: Tap on “Register Your Marriage”.
- Step 3: Select whether your marriage falls under the Hindu or Special Marriage Act.
- Step 4: Opt for the nearest marriage officer or Hindu marriage registrar.
- Step 5: Complete the online application form with the proper details of both partners and upload the required documents, such as photographs.
- Step 6: Pay the required fees.
- Step 7: After the marriage, you need to upload a photo with your partner and the marriage officer.
- Step 8: A digitally signed marriage certificate will be sent to your registered email address once processed.
How to Apply for a Marriage Certificate Offline?
- Step 1: Locate your nearest Marriage Registrar’s office based on where the marriage occurred or where you or your partner reside.
- Step 2: Get an application form and follow the guidance on the prerequisites.
- Step 3: Fill out the form and submit all the essential and required documents along with passport-sized photographs.
- Step 4: Pay the required fees, which may vary from state to state.
- Step 5: The officer will verify all the submitted documents and decide the date of registration for a marriage certificate.
What are the Documents Required to Apply for a Marriage Certificate?
To apply for a marriage certificate, you require the following documents:
Who is Eligible to Apply for a Marriage Certificate Online?
The eligibility criteria to apply for a marriage certificate online are:
- The bride must be 18 years old, and the groom must be 21 years of age.
- The couple must already perform the nuptial rituals.
- They should be Indian citizens.
- The marriage must fall under either the Hindu Marriage Act or the Special Marriage Act.
What is Marriage Registration?
Marriage registration is nothing but officially recording a marriage under the government, which will help you obtain a marriage certificate. If the couple does not fulfil the criteria of the Hindu Marriage Act, they should check the criteria of the Special Marriage Act.
However, an unregistered marriage can result in several legal problems, such as disputes over property rights and complications in child custody matters.
What is the Purpose of Marriage Registration?
1. Social Security
A registered marriage provides social security and other governmental benefits, which can only be proved by a legal document.2. Inheritance Rights
A marriage registration is required to inherit or claim insurance for a deceased partner, which other family members may wrongfully claim without the document.3. Tax Advantages
A marriage registration also grants like spousal exemptions, joint filing eligibility, and housing loan deductions, requiring the certificate as proof.4. Joint Property Ownership
It also grants joint ownership to all the properties where the couple wishes to own a property together in case of future mishaps.5. Work Permits
A registered marriage helps the couple get a work permit from another country’s consulate. Hence, it is crucial for couples to register their marriage.6. Entitlements
A registered spouse has the authority to make crucial decisions on behalf of their partner, which can only be proved by having a registered marriage.7. Prevention of Child Marriage
It helps prevent child marriage by checking the age limit of the bride and the groom, as child marriage has become banned in India.8. Legal Recognition
Marriage registration is the legal proof of the couple’s union, which may come in handy in various situations where the couple needs to prove their marriage.What are the Different Types of Marriage Recognised by the Indian Government?
The different types of marriages recognised by the Indian Government are:
Civil Marriages
It is a marriage performed by the state government and does not require any kind of religious ceremony. However, both the bride and the groom must be mentally sound to perform the marital rites.
Religious Marriages
These marriages are conducted according to the rules and rituals of the respective religions and require legal registration. This marriage can either fall under the Hindu Marriage Act or the Special Marriage Act.
Special and Inter-Religion Marriages
In these marriages, the bride and the groom are of different religions, and the government allows their marriage without converting any of them. The introduction of the Special Marriage Act in 1954 made it possible to marry outside one’s religion.
Timeline and Legal Steps Registering a Marriage in India
State-Specific Guidelines Registering a Marriage in India
Here are the state-specific guidelines on the process of registering a marriage in India:
What are the Documents Required to Register a Marriage in India?
To register your marriage in India, you need to have the following documents:
- Age Proof for the bride and the groom.
- Identity proof for the bride and the groom.
- Address proof for the bride and the groom.
- Original marriage invitation card.
- Marriage registration application form.
- Passport-sized photographs of the bride and the groom.
- Details of the witness during the registration process.
- An affidavit that states the marital status and other required details.
What are the Various Specialised Marriages Registration Procedures?
Court Marriage Registration Procedure in India
The Court marriage Registration procedure is governed by the Special Marriage Act 1954. You have to go through the following steps to complete the procedure.
- Step 1: Present a notice to the marriage officer, which will be displayed for 30 days to allow for any objections. If there is any objection, the marriage officer will investigate. Otherwise, the marriage ceremony will take place on the decided date.
- Step 2: After the marriage ceremony, the marriage registrar will issue the certificate within a few days. The complete process may take around 30 to 45 days.
However, you can also apply for the marriage registration online through the following steps:
- Step 1: Search for the official website of the Judicial Department.
- Step 2: Click on it and enter all the required details of the bride and the groom. You must fill out every field along with the marriage officer's details.
- Step 3: Review the details and click on ‘Apply’.
Inter-Religion Marriage Registration in India
The steps to register an inter-religion marriage are mentioned in the following section:
- Step 1: The first step is to give a written notice of the marriage to the district marriage officer 30 days before the marriage.
- Step 2: After the marriage notice is published, any person can object to the marriage, which can be made within 30 days after the publication.
- Step 3: If the marriage officer upholds an objection, the bride and groom must appeal to the district court to resolve it.
- Step 4: The marriage can take place in any form or traditional practice that the bride and the groom wish to follow. Apart from this, both of them have to say: “ I (A), take (B) to be my lawful wife or husband.”
- Step 5: After the marriage has occurred and all the rituals have been performed, the officer will issue the marriage certificates with the signatures of the bride, groom, officer, and the three witnesses.
NRI Marriage Registration Procedure in India
Owing to the increase in fraudulent marriages, the Indian government has made it compulsory to register all marriages between the NRI or OCIs and the Indian citizens. The process for registration is almost the same as that for Indian marriages. However, you must submit some extra documents, which are mentioned below:
- Valid Passport: Your identification document.
- Valid Visa: Proof that you’re legally staying in India.
- No Objection Certificate (NOC): Approval from your embassy for the marriage.
- Residential Proof for NRI Partner: A document to verify your address.
- Age Proof: Documents that confirm your age eligibility.
- Photographs: Usually, you’ll need about eight passport-sized photos.
- Additional Affidavit: A statement confirming your marital status and nationality.
What is the Procedure to Register Temple and Religious Marriages?
Hindu Marriage Registration Procedure in India
- Step 1: Select a specific temple and decide the date and time of the religious ceremony. This has to be done 30 days before the marriage by submitting the “Notice of Intended Marriage” to the Marriage Registrar of the concerned district.
- Step 2: Gather all the required documents, such as age proof, identity proof, and passport-sized photographs.
- Step 3: Perform the religious ceremony and get done with the marriage in the presence of a priest or an authorised person.
- Step 4: Gather and fill out the application form along with the temple-issued marriage certificate.
- Step 5: The Marriage Registrar will verify all the documents and register the marriage by providing a marriage certificate.
Muslim Marriage Registration Procedure in India
- Step 1: Gather all the necessary documents, such as the marriage registration application form, proof of date of birth, and address proof.
- Step 2: Visit the marriage registrar’s office along with your wife/husband and the three witnesses.
- Step 3: A 30-day notice will be issued.
- Step 4: If no objection is received during the objection period, the bride and groom can register their marriage.
- Step 5: After 30 days of issuing the notice, the marriage will be solemnised by the marriage registrar, the husband and wife, and the three witnesses.
FAQs about Marriage Certificate and Registration
Is marriage registration compulsory in India?
What is the cost of marriage registration in India?
How many days does it take to get a marriage certificate in India?
How many witnesses are required to register for marriage in India?
What is the Tatkal marriage certificate?
Is an Aadhaar card mandatory for marriage registration?
What is the difference between court marriage and registered marriage?
Can parents act as witnesses for marriage registration in India?
Can I get a marriage certificate in one day in India?
What is the difference between a Tatkal and a normal marriage certificate?
Is marriage valid without a marriage certificate?
How many types of marriage certificates are there in India?
Can I divorce without a marriage certificate in India?
What happens if marriage is not registered in India?
Why do we need a marriage certificate in India?
What is the difference between marriage registration and marriage certificates in India?
Other Important Articles about Marriage Certificate
Disclaimer
- This is an informative article provided on 'as is' basis for awareness purpose only and not intended as a professional advice. The content of the article is derived from various open sources across the Internet. Digit Life Insurance is not promoting or recommending any aspect in the article or its correctness. Please verify the information and your requirement before taking any decisions.
- All the figures reflected in the article are for illustrative purposes. The premium for Coverage that one buys depends on various factors including customer requirements, eligibility, age, demography, insurance provider, product, coverage amount, term and other factors
- Tax Benefits, if applicable depend on the Tax Regime opted by the individual and the applicable tax provision. Please consult your Tax consultant before making any decision.
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