Procedure to get a marriage certificate registered?
Please tell me the procedure to get a marriage certificate registered.
A marriage which has already been solemnized can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs the marriage is registered under the Special Marriage Act, 1954.
The marriage which has already been solemnized can be got registered at the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides on any working day.
The following documents are required for registration:
1. Application form duly signed by both husband and wife.
2. Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate).
3. Address proof of both the husband and wife. Adhaar card was being required for registration too.
4. Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality and that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be.
5. Two passport size photographs of both the parties and one marriage photograph.
6. Marriage invitation card, if available.
7. If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
8. In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act).
9. Two witness with photographs and copy of their PAN Card.
All documents excluding receipt should be attested by a Gazetted Officer.
For registration of marriage in case of Hindu Marriage Act, verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, along with a Gazetted Officer who attended their marriage, need to be present before the SDM. The Certificate is issued on the same day.
However, in case of registration of marriage under the Special Marriage Act, presence of both the parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnize the marriage until he has decided the objection, within 30 days of its receipt.
If the SDM refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnizes the marriage after 30 days of the notice. Both parties along with 2 witnesses are required to be present on the date of registration of marriage who had attested the marriage. It is advisable to submit names of witnesses at least one day in advance.
Hope this clarifies your query.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Documentation Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Can we file anticipatorybail in different city FIR filed in other city
- will daughters also get equal share in grandfather's property
- Husband not staying with me. When can i file for maintenance?
- School refused to admit my son in 11th grade
- Want equal division of property between son and daughter