Marriageability refers to the eligibility for marriage. This is a significant step in one’s life, which also requires legal registration. It helps in formally recognising the marriage as legal. However, this registration is typically helpful in discovering the eligibility of a person to marry. Also, the spouse, especially the female one, gets security assurance for the future.
Guidelines for Issuance of Marriage Registration (Common)
In India, certain guidelines are popular that one should know to apply for marriage registration certificates. It starts with eligibility criteria. Let’s explore them:
Eligibility Criteria
Abiding by these eligibility conditions will entitle the applicant to marriage registration under the Compulsory Registration Marriage Order, 2014.
- Either of the applicants (bride or groom) must be an Indian citizen.
- The age for the groom is 21 years of age, and the bride should be at least 18 years old on the marriage date.
- Marriage has been arranged within the territorial jurisdiction of Indian states like Delhi, NCR.
- The registration of marriage shall be done within a span of 60 days, which excludes the day of the marriage ceremony.
- The government shall impose a penalty if it remains unregistered within the prescribed or extended duration.
- Both the bride and the groom shall be present with two witnesses. All should have proof of permanent residence in the state. The marriage officer or registrar shall certify that the marriage is legally valid.
The Hindu Marriage Act, 1955
This regulation regarding marriage is applicable to Hindus if they marry within the same religion, Buddhists, Jains, or Sikhs. Regarding age and citizenship, the said guidelines will be applicable. Additionally, they should abide by these conditions:
- Neither of the spouses has any other spouse living with him/her at the time of registration.
- The consent of both spouses is necessary. It is also necessary in the case of a spouse suffering from a mental disorder or being unfit for marriage and the procreation of children.
- Neither of the spouses is within the degree of a prohibited relationship. Simply put, neither of them are sapindas of each other. And if they are, their custom should permit the marriage between them.
- Either of the spouses must be a permanent resident of India.
- Both the spouses shall be there with two witnesses who should have the proof of their permanent residence in the state.
The Special Marriage Act, 1954
Under this regulation, the applicant can apply for the certificate of marriageability if he or she fulfils these conditions. The age and citizenship provisions will be similar in this case also. Rest provisions are shared below:
- The marriage has been held between people of two different religions.
- Neither of them should be in marriage before, nor should they be living with another spouse.
- Their consent will be valid if they both have a sound mind (not suffering from insanity and epilepsy) and neither of them has been suffering from a mental disorder or any condition that is unfit for marriage and the procreation of children.
- The spouses must not be within the degrees of prohibited relationships unless their custom or usage permits them to live as husband and wife.
- The spouses have been residing in the district of the SDM for not less than thirty days, right after the date of application for a marriage registration.
- Both shall be in-person available with three witnesses each carrying their proof of permanent residence in the state.
When the marriage is finalised, the registrar needs these documents to certify that the couple is married.
Checklist of documents to be attached
1. Identity Proof of Groom (either of these)
- Passport
- PAN Card
- Aadhaar Card
- Voter ID Card
- Driving Licence
- Ration Card with Photo
- Any Govt. Recognised Document
2. Identity Proof of Bride (same as of the groom)
3. Residence proof of groom after marriage (either of these)
- Passport
- Water Bill
- Gas Bill
- Ration Card
- Electricity Bill
- Driving Licence
- Aadhaar Card
- Bank Passbook
- Voter ID Card
- Rent Agreement (registered)
- Any Govt. Recognised Document
- Telephone Bill (Landline or Postpaid)
4. Permanent Residence Proof of Groom Before & After Marriage (either from the aforementioned list)
5. Residence Proof of Bride Before and After Marriage (either from the aforesaid list)
6. Date of Birth Proof of the Bride & Groom (either of these)
- CMO
- Passport
- Aadhaar Card
- Driving Licence
- Verified Date of Birth
- Birth Certificate / School Letter Head
- Nursing Home/Hospital Report/Vaccination Card
- 10th Board Examination/School Certificate Attested by Principal
7. Identity Proof of Witnesses (of all three witnesses)
- CMO
- Passport
- Aadhaar Card
- Driving Licence
- Verified Date of Birth
- Birth Certificate / School Letter Head
- Nursing Home/Hospital Report/Vaccination Card
- 10th Board Examination/School Certificate Attested by Principal
8. Divorce Decree/Order (If divorced)
9. Death Certificate of Spouse (If Widowed)
10. Bachelorhood certificate from the concerned embassy (if either of them is a foreigner)
11. Certificate from Priest, Pandit, Maulvi, or Gurudwara Prabandhak of Marriage at a religious place (if held in a temple, gurudwara, or mosque)
12. Affidavit on Non-Judicial e-Stamp Paper as Per Prescribed Format in Annexure I.
13. Passport-size Coloured Photograph of Both (5 cm x 4.5 cm or ” x 1.75 cm)) attested by a Gazetted Officer
Guidelines for Photographs
Considering the dimension as shared above, the photograph should appear in this manner:
- Show full face, front view, open eyes
- Show full head from top of hair to shoulder.
- Plain white and off-white background
- The face or background should have no shadow.
- Wear natural expression with a closed mouth.
- Exclude sunglasses or hats.
Online and Offline Process to Apply
Step 1.
- Onsite Application: The applicant should visit the citizen service centre or CSC or SDM office with all necessary documents (as shared in the list above), and application form (for marriage registration form under the Hindu Marriage Act, form under the Special Marriage Act)
- Online Application: The application with necessary documents can be uploaded to the local government website like this: https://revenue.delhi.gov.in/revenue/marriage-registration.
Step 2.
- Onsite: Present the original affidavit to the concerned SDM/Tehsildar/CSC.
- Online: Upload the scanned copy of the original affidavit from both the bride and groom with the acknowledgement number or application.
Step 3.
- Onsite: Enclose the witness proofs (who should be from his or her family) with the application.
- Online: Upload and send the proofs online to the concerned authority.
Step 4.
- Finally, visit the registrar office with ID proofs to get your application verified.
Processing Period
Typically, the applicant receives a response within 15 days in the case of the marriage under the Hindu Marriage Act. But for registering it under the Special Marriage Act, it may take 60 days to process your application.
Conclusion
A lot of legal requirements are fixed under the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. Basically, applicants should have authentic marriage, age, and residence proofs to enclose with the application form. The aforementioned list will help in applying for marriage registration proof.
Sources:
Guidelines for Issuance of Registration of Marriage Certificate (PDF 511 KB)
Certificate Performa for Issuance of Registration of Marriage Certificate (PDF 2 MB)
