What Are The Legal Requirements For Registering A Marriage In India?

Marriage registration in India is a legal requirement to obtain official recognition of a union and provides proof of the relationship for legal, financial, and social purposes. The process and requirements vary based on the personal laws applicable to the couple or if they opt for a civil marriage under the Special Marriage Act, 1954.

Key Legal Requirements For Marriage Registration

• Age Of The Parties: The bride must be at least 18 years old, and the groom must be at least 21 years old at the time of marriage.
• Mutual Consent: Both parties must voluntarily consent to the marriage without any coercion or undue influence.
• Eligibility: Neither party should have a living spouse at the time of marriage unless permitted by personal laws.
• Prohibited Relationships: The couple must not fall under the prohibited degrees of relationships unless their personal laws allow such unions.

Documentation Required

• Proof Of Age: Birth certificate, school leaving certificate, or passport.
• Proof Of Residence: Aadhaar card, voter ID, utility bills, or passport.
• Passport-Sized Photographs: Recent photographs of both parties.
• Marriage Invitation (Optional): A copy of the wedding card, if available, for reference.
• Witness Statements: Three witnesses with valid ID proofs, such as Aadhaar card or voter ID.
• Affidavits: Declaration by both parties affirming their marital status, consent, and absence of any prohibited relationship.

Marriage Registration Process

• Application Submission: File a joint application form at the Sub-Registrar’s Office where the marriage took place or where either party resides.
• Verification: Submit the required documents for scrutiny by the registrar to verify their authenticity.
• Registration Date: For Hindu or religious marriages, the marriage can be registered immediately upon verification. Under the Special Marriage Act, there is a mandatory 30-day notice period before registration.
• Issuance Of Certificate: After successful verification and witness statements, the marriage certificate is issued.

Legal Frameworks For Marriage Registration

• Hindu Marriage Act, 1955: Governs marriages between Hindus, Buddhists, Sikhs, and Jains. Religious ceremonies are essential, followed by registration.
• Special Marriage Act, 1954: Allows civil marriages between individuals of any religion or nationality, requiring a 30-day public notice.
• Personal Laws: Marriages among Muslims, Christians, and Parsis are governed by their respective religious laws, with registration requirements varying accordingly.

Example

If a couple wishes to register their marriage under the Special Marriage Act, they must:

• Submit an application at the Sub-Registrar’s Office along with the necessary documents.
• Wait for the mandatory 30-day notice period to allow for objections, if any.
• Appear before the registrar with witnesses on the scheduled date for verification and signing of the marriage certificate.