How to get Marriage Certificate in India ?

Certificate of marriage is an official document confirming the evidence of marriage.

Certificate of marriage is useful in getting the visa for the wife/husband. It will be helpful in claiming the Bank deposits or Life Insurance benefits when the depositee or the Insurer dies without a nomination or otherwise.

Marriage Registration Laws

Marriages in India are registered under 2 acts.

1. Hindu Marriage Act, 1955

2. Special Marriage Act, 1954

The Hindu Marriage Act is applicable only to the Hindus, Buddhist, Brahma, Parthana and Arya samaj. It does not apply to Muslim, Christian, Parsi or Jew Communities. But it applies to those who follow Hindu religious customs. The Hindu Marriage Act provides for registration of an already solemnized marriage. It does not provide for solemnization of a marriage by the Registrar.

Special Marriage Act is applicable to all citizens of India irrespective of religion, caste and language. The Special Marriage Act provides for solemnization of a marriage as well as registration by a Marriage Officer.

So the process and eligibility criteria to get a Marriage Certificate in both these acts will vary.

Eligibility Criteria

• Bridegroom must have completed 21 years age and bride 18 years.

• Bridegroom or bride who desire to marry should not have married wife / husband

• Bridegroom or bride who cannot voluntarily give consent for marriages owing to mental illness is not eligible for marriage

• Marriage of those who are capable of giving consent for marriage but incapable of getting child owing to unsound mind cannot be solemnised nor be registered

• Those suffering from insanity are ineligible for solemnisation of marriage

• Those who are within degree of prohibited relationship are ineligible for marriage provided they can marry if it is permitted according to the usage of custom or usage governing such persons Bridegroom and bride who are descendants up to 5 generation from mother's side or father's side cannot marry (They are called Sapindas)

Documents Required

• Application for marriage filled in prescribed form with name and address of bridegroom and bride, signature of bride and bridegroom, signature of 3 attesting witness present at the time of marriage along with their names and address.

• Joint photo of bride and bridegroom

• Wedding card

• Date of Birth proof certificates like SSC marks memo, copies of passport, residential proof should be presented to the Registrar of Marriage.

Registration of Marriage under Hindu Marriage Act

Marriage under Hindu Marriage Act can be registered any time after marriage. There is no time limit. Follow the below procedure to register marriages under Hindu Marriage Act.

• Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage.

• Fill the Application form duly signed by both husband and wife.

• Verification of all the documents is carried out on the date of application and a day is fixed for the appointment and communicated to the parties for registration.

• Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses.

• The Certificate is issued on the same day.

Registration of Marriage under Special Marriage Act

• Bridegroom and bride should give notice of intended marriage 30 days in advance for the solemnization of marriage along with prescribed fees.

• Bride or bridegroom must have lived continuously for not less than 30 days within the jurisdiction of marriage officer before giving the notice.

• The marriage may be solemnized after the expiry of one month from the date of publication of the notice, if no objections are received. If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days from such notice along with three witnesses for solemnisation of the Marriage.

• Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage.

• If any objections are received, the Marriage Officer has to enquire into them and take a decision either to solemnise the marriage or to refuse it.

• If marriage is not solemnised within 90 days from the date of notice, then a fresh notice has to be issued.

• Marriage Officer will administer oath in the prescribed form and solemnise marriage and issue certificate of marriage.

• Bridegroom and bride and three witnesses shall sign the declaration and the certificate of marriage.

Registration of Marriages under Special Marriage Act after performance of religious customs

If marriage is already held according to the religious custom, Marriage can still be registered under Special Marriage Act.

Application duly filled in should be given in prescribed form in duplicate under Section 16 of the Special Marriage Act 1954 along with prescribed fee to the marriage officer. If there are no objections, marriage officer will register the marriage after 30 days if the husband and wife appear along with 3 witnesses subject to following conditions:

• They should have married and must be living together since then

• At the time of marriage any of them should not have more than one living wife or husband

• Any of them should not be idiot or lunatic at the time of registration of marriage

• Husband and wife should have completed age of 21. They should not be within the degree of prohibited relationship described in schedule I of the Act

• Husband and wife should have lived for a period not less than 30 days within the jurisdiction of marriage officer where registration is sought to.

Fees

Under Hindu Marriage Act, fee for application is Rs.5 and fee for certified copy is Rs.10. No fee is prescribed for registration of marriage.

Under Special Marriage Act, fee for solemnization of marriage is Rs.10, Rs.15 extra for solemnization in place other than office. Fee for notice of intended marriage is Rs 3. Fee for certified copy of certificate of marriage is Rs.2