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How to register your marriage
While
women spend a lot of time and energy planning the perfect wedding, they
ignore an important detail that is aimed at their own protection. So, even
as they devote hours searching for the right outfit and venue to make the
wedding memorable, they forget about the paperwork formalising the
union—the marriage certificate. An essential document establishing the
marital status of a couple, it was made mandatory by the Supreme Court, in
2006, for every couple, irrespective of the religion.
The idea behind the compulsory registration of
marriage is to ensure that women are not left high and dry if they are
deserted by their husbands. The certificate means the man cannot deny being
married and avoiding alimony and maintenance. “Apart from protection, the
registration serves other purposes. For instance, while applying for a
joint home loan, you will have to provide this certificate as proof of
marriage,” says Ravi Goenka, advocate, Goenka Law Associates.
The procedure for registration is simple. Depending
on your religion, you can either register under the Hindu Marriage Act or
the Special Marriage Act, which differ in some respects. One, the Hindu
Marriage Act sets a minimum age limit of 21 years for the groom and 18
years for the bride, while the latter places a minimum age limit of 21
years for both the partners. Two, the Hindu Marriage Act only allows you to
register your marriage, not solemnise it. On the other hand, the Special
Marriage Act serves both purposes. Let’s consider the steps you need to
take under the two Acts.
Hindu Marriage Act
To register under this Act, both
the partners need to be Hindu. If only one spouse is, they will have to
turn to the Special Marriage Act. The first step is to apply to the
sub-registrar under whose jurisdiction the marriage took place.
Alternatively, you can apply to the registrar of the place where either
spouse stayed for at least six months before marriage. Both partners need
to fill the relevant application form, sign it, and submit it, along with photocopies
of the necessary documents, such as age proof and address proof (see box).
For proof of marriage, submit a certificate from the priest who solemnised
the marriage. Also, attach an affidavit, mentioning the place and date of
marriage. If you have a wedding invitation card, you can produce this as
well.
Keep in mind that both parties will need to
disclose their previous marital status, if any. In case either spouse is a
divorcee or widow/widower, a copy of the divorce decree or death
certificate of the previous spouse is required. All the documents should be
attested by a gazetted officer. Lastly, you will have to deposit a fee with
the cashier and attach the receipt with the form. The fee differs from
state to state, but is usually 100-200.
Once the application has been submitted and the
documents verified, the concerned officer will assign a date for
registration, when the marriage certificate will be issued. Make sure that
the gazetted officer who attests your documents accompanies you on the day
of registration.
The people who have converted to Hinduism also come
under the purview of the Act, but will have to provide a certificate of
conversion from the priest who solemnised the marriage, along with relevant
documents. While there is no specific time limit within which you must
register your marriage, it is advisable not to delay it.
Special Marriage Act
This Act covers both marriage
solemnising and registration, and requires the same
documents as prescribed under the Hindu Marriage
Act. However, the procedure is complex. To begin with, both the parties
have to give a 30-day notice to the sub-registrar in whose jurisdiction at
least one spouse has resided. If you are marrying under this Act, you won’t
need to submit a wedding card and the priest’s certificate, and the
registration will take place after the wedding. If
you are married, include the wedding card, if
possible. The fee is again 100-200.
One copy of the notice is put up on the
sub-registrar’s office board, and another is sent by registered post to
both the partners. If either spouse is residing in another subregistrar’s
area, a copy has to be sent to him for similar publication. If there is no
objection, say, from divorced spouses, the marriage is registered one month
from the date of publication of the notice. In case of objection, the
marriage officer conducts an enquiry and the marriage is registered after
the enquiry concludes.
Document checklist
To get a marriage certificate, you will
need to attach copies of the following documents, all attested by a
gazetted officer:
• Application form signed by husband and wife.
• Evidence of date of birth (birth certificate/ school leaving
certificate).
• Ration card/passport/voter ID card as proof of residence.
• Affidavit by both the parties, stating place and date of marriage, date
of birth, marital status at the time of marriage, and nationalities.
• Passport-sized photographs of both the parties, and one marriage
photograph.
• Marriage invitation card, if available.
• Certificate from the priest who solemnised the marriage.
• Certificate of conversion if either party is a convert, from the priest
who solemnised the marriage.
• Affirmation that the parties are not related to each other within the
prohibited degree of relationship.
• Attested copy of the divorce decree, if applicable, and death certificate
of spouse if a partner is a widow/widower. (where relevant)
• Receipt from the cashier after paying the fee for registration.
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