What is the Proof of Marital Status in India?

The proof of marital status in India is a document that proves an individual’s state with regard to a marriage. These documents can marriage certificate, divorce decree or legal separation paperwork. Sometimes, the spouses live at two different addresses. In that case, any government authority requires the proof of separate addresses of both, husband and wide. These proofs can be lease agreements/mortgage statements or utility bills-whatever the document of separation reads. NRIs need any of them if they have any requirement in their jobs or work or documentation to fulfill.

In the nutshell, India or any other foreign country accept the above mentioned proofs of the marital status. These are what the proof of marital status in India called.

However, this country follows the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to register this status.

The Registration under the Hindu Marriage Act, 1955 is applicable in the case where both husband and wife are Hindus, Buddhists, Jains or Sikhs, or the converted ones of these religions.

Registration Procedure

• Visit the SDM office or online search the form to apply to the sub-registrar under whose authority area the marriage is solemnized. It can be the area of either husband or wife where the marriage held.
• Fill the application form. Sign it and attach two photographs of the marriage ceremony, invitation card, age and address proof of both.
• An affidavit of notary/executive magistrate can also be the proof of wedding, healthy mental condition and non-relationship between the parties within the degree of prohibition.
• Attest all documents by a gazetted Officer and the parties.
• Submit the application form with a fee.
• The cashier at the sub-registrar will provide a receipt once the documents are verified. The competent person will ask the couple to get the document on the said date after the registration.

Conditions to Fulfill

• Neither party has a spouse living at the time of the marriage (in the case of remarriage)
• Neither party should be incapable of giving a valid consent to it (in the case of unhealthy mental condition)
• Neither of them should be suffering from any mental illness to such an extent that it would lead to an unfit marriage.
• Neither of them has been suffering from insanity or epilepsy (seizure).
• The bride should be of 18 years and the bridegroom is of 21 years at the time of marriage.
• The relationship by half or uterine blood as well as by full blood or by adoption is not allowed.

Exception: Although customers are important. But, people may marry even if they do not fit to the given conditions.

Punishment: The marriage which is recognised between the parties if it falls under the prohibited relationship.

Such people are penalized with a simple imprisonment for one month or a fine of Rs. 10000/- or with both.

Special Marriage Act, 1954

This Act applies to all citizens of India who register their marriage under the Special Marriage Act, 1954.

Those who want to register marriage under this Act have to give a notice in writing prior in the area (jurisdiction) where the bride or the bridegroom has been living for not less than 30 days when the notice was given.

A copy of notice is put on the notice board of the registration office and another copy is sent to the marriage officer of the area. After a month, the marriage can be held if no objections are made. But, if the inquiry points to something objectionable, the marriage cannot happen.

Documentation Requirements

This Act deals with the registration and the marriage.

• Passport size photographs
• The age and address proofs of both parties are must.
• At least three witnesses with their voter id, aadhar card or any other identification document are required.
• An affidavit concerning with the marital status, fit mental condition, non-relationship between the parties within the degree of prohibition is required.

Marriage Registration Online

You may register it online. Unfortunately, this facility is restricted to a few metropolitan cities in India, as for Delhiites who may visit: http://edistrict.delhigovt.nic.in/ to complete the registration procedure online.

• Select the district where the applicant lives.
• Fill in the details of the husband/wife.
• Select the ‘Registration of Marriage Certificate’ option.
• Fill in the necessary details required in the form.
• Choose the desired date of appointment.
• Select the ‘Submit Application’ option.

Once done, an acknowledgement page will appear. It shows all the relevant details of your appointment and instructions that need to be followed. There is a number on the slip. The applicant must print and save a copy of the application form and acknowledgement slip.

Accompany witnesses of the either party with their PAN card or residence proof on the date of appointment at the sub-registrar office.