Do you likely to register your marriage in India?
Certainly, we have a different set of rules in our legislation. They allow marriage registration after solemnizing it. These are the Hindu Marriage Act 1955 and the Special Marriage Act, 1954. These two acts define the criteria and how to register your marriage in India.
The Hindu Marriage Act, 1955 is applicable in case the spouses are Hindus, Buddhists, Jains, Sikhs, or any converted religion cases. On the other hand, the Special Marriage Act, 1954 is applied if either of them is not Hindu, Buddhist, Jain, or Sikh.
End-to-Steps to Getting a Marriage Certificate
Step 1: Visit the Sub-Divisional Magistrate (SDM) office, as it comes to his jurisdiction. Be there between 9:30 AM and 1:00 PM on any working there. Or,
If you are an NRI, visit the embassy website and get registered there.
Step 2: Make your papers or documents ready for verification. Even if you’re a non-resident of India, you should have original proofs to show and verify your marital status.
Here is the list of all papers to consider and prepare yourself:
- Marriage Registration Application form duly signed by both husband and wife
- Documentary evidence of the date of birth of both spouses, such as Matriculation Certificate / Passport / Birth Certificate) to show that both are not minor or above 21 years
- Ration card of husband or wife
- Documentary evidence to verify the address where they have been living for 30 or more days, such as a ration card or a report from the SHO in that area
- A sworn statement or affidavit by both the spouses, which mentions the place and date of marriage, date of birth, marital status (single/divorcee/ separated) at the time of marriage, and nationality
- Two passport-size photographs of both the spouses and one marriage photograph
- Marriage invitation, if have
- A certificate from the priest if the marriage is solemnized in the temple or any religious place
- A statement or affirmation that the spouses do not relate within the prohibited degree of relationship as per the Hindu Marriage Act or Special Marriage Act
- Divorce papers of the former spouse (if divorced), or a death certificate of the deceased life partner (if widowed)
- (As per the Hindu Marriage Act) a conversion letter or document from the priest who solemnized that marriage if either of the spouses is other than a Hindu, Buddhist, Jain, or Sikh by religion
- Three witnesses’ nationality cards or legal proofs
Note: All of these documents should be attested by an A-gazette officer.
Step 3: Processing Fee
Certainly, it’s a paid service. You are supposed to pay INR 100 in case of the Hindu Marriage Act and INR 150 for the marriage registration under the Special Marriage Act.
This fee may be more or variable in different states. So, you are advised to visit the website for the information or inquire with the cashier at the SDM office. Once paid, receive a receipt.
Step 4: Verification Process
- Hindu Marriage Act
Here in this case, the verification day is scheduled when you apply for the marriage certificate. A day is decided or fixed by the authority and sent the schedule to the spouses for registration. On the fixed day, both should be there. Show up the documents listed above for verification. The gazetted officer should also be present before the Sub-divisional Magistrate.
Upon verifying, he issues the marriage certificate the very same day.
- Special Marriage Act
Under this act also, both spouses should be present with their documents before SDM. Send one copy of all documents to the embassy if one is an NRI or foreigner. The consul will issue the notice of registration through a post on the shared address.
Validation Criteria
- The timeline of the marriage registration under the Special Marriage Act is 30 days from the day when the notice is issued by the concerned authority. The motive is to see if either of them faced any objection or problem during a month.
- Once found that both are happy, the SDM issues that certificate. Here, the witness’s proofs are also important. They should be there on the date of registration.
- Both spouses must be there after submitting the documents of the issuance of the notice of the intended wedding. A copy of the notice should be pasted on the SDM office notice board.
- Either of the spouses can raise an objection within 30 days of its receipt.
- If the SDM rejects your application, either of the spouses may appeal to the district court within 30 days.
- If there is no objection, the SDM will issue the notice for solemnizing the marriage. Both spouses should be present there with 3 witnesses.
- The name of the witnesses should be sent to the SDM a day prior.
Step 5: In correspondence to the provisions of the Act, SDMs/ADMs/Deputy Commissioners can be authorised as Marriage Officers. Simply put, any of them can sign your marriage certificate.
Forms to Fill Up
- Affidavit
- Application form for marriage certificate under the Hindu Marriage Act
- Application form for marriage certificate under the Special Marriage Act
- Identification Certificate of a witness having PAN of income tax or, any officer of the Central or State government or, UT Administration or PSU/ Autonomous bodies whose identity can be as per criteria
When to Get Notification from Authority
Whether you apply online or physically, the authority will respond within 15 days if your case of the Hindu Marriage Act. The number of these days will be 60 if you are married under the Special Marriage Act.
