How to get marriage certificate in India? Eligibility and process explained

Applying for a Marriage Certificate: A marriage certificate is a legal document that serves as official proof of marriage between two individuals. It is an essential document for various legal, social, and financial purposes, including applying for passports, visas, and joint bank accounts.

In India, marriage registration is governed by two primary laws: the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. The Hindu Marriage Act applies to Hindus, Buddhists, Jains, and Sikhs, while the Special Marriage Act applies to all Indian citizens regardless of their religion.

Importance of a Marriage Certificate

1. Legal Recognition: A marriage certificate provides legal recognition to the marital union and serves as proof of the relationship.
2. Protecting Rights: It helps in securing legal rights related to property, inheritance, and marital disputes.
3. Visa and Immigration: It is a mandatory document for visa and immigration processes when applying as a married couple.
4. Joint Finances: Banks and financial institutions require a marriage certificate for joint accounts, loans, and insurance policies.
5. Social Security Benefits: It helps spouses obtain social security benefits and pension rights.
6. Divorce and Alimony: In case of legal separation, a marriage certificate is necessary for divorce proceedings and claiming alimony.

Eligibility Criteria for Marriage Registration

• To apply for a marriage certificate in India, the couple must meet the following eligibility criteria:
• The bride and groom must be of legal marriageable age (21 years for males and 18 years for females).
• Both individuals must be unmarried, legally divorced, or widowed at the time of marriage.
• The marriage must be solemnized according to religious customs or under the Special Marriage Act.
• The couple must provide valid proof of identity and residence.
• At least one of the spouses must be a resident of the district where the marriage is being registered.

Laws Governing Marriage Registration in India

1. Hindu Marriage Act, 1955

Applies to Hindus, Buddhists, Jains, and Sikhs.
The marriage must be performed according to Hindu customs and rituals.
Registration is done after the marriage.

2. Special Marriage Act, 1954

Applies to individuals of any religion or inter-faith marriages.
Requires a 30-day notice before the marriage ceremony.
The marriage is solemnized in the presence of a Marriage Officer and three witnesses.

3. Parsi Marriage and Divorce Act, 1936

Applies to Parsis and Zoroastrians.
A certificate from a Parsi priest is required to register the marriage.

4. Indian Christian Marriage Act, 1872

Applies to Christians.
The marriage must be solemnized in a church and certified by a priest.

Documents Required for Marriage Registration

To register a marriage, the following documents must be submitted:

1. Application form duly signed by both the bride and groom
2. Proof of age (birth certificate, school leaving certificate, passport, Aadhaar card, etc.).
3. Proof of address (Voter ID, Aadhaar card, passport, utility bills, ration card, etc.).
4. Marriage affidavit stating the date, place, and witnesses of the marriage
5. Photographs of the couple (passport size and marriage photos).
6. Marriage invitation card (if available).
7. Affidavit of marital status (stating bachelor, widow, or divorcee status).
8. Witness identification documents (at least three witnesses with their identity proof).
9. *Divorce decree for previously married and divorced individuals (if applicable)

10. Death certificate of the spouse for widows/widowers (if applicable)

Procedure to Apply for a Marriage Certificate

The process of applying for a marriage certificate varies slightly under different laws.

1: Visit the Registrar's Office - The couple should visit the Sub-Divisional Magistrate or Registrar of Marriages office in the jurisdiction where either of them resides.

2: Submit the Application Form - The application form, along with all the necessary documents, must be submitted online or in person - Some states allow online registration through the official government portal.

3: Verification of Documents - The registrar's office verifies the documents and details provided in the application.

4: Notice and Waiting Period (for Special Marriage Act) - Under the Special Marriage Act, a public notice is issued, and there is a 30-day waiting period - Any objections to the marriage can be raised during this time.

5: Appearing Before the Registrar - The couple, along with three witnesses, must appear before the registrar on the scheduled date - For Hindu marriages, registration is done after the marriage has taken place - For special marriages, the marriage is solemnized at the registrar's office.

6: Issuance of Marriage Certificate - After verification and signing in the marriage register, the marriage certificate is issued.

Online Marriage Registration Process

Many states in India offer online marriage registration services. Here’s how to apply online:
1. Visit your state's official marriage registration website.
2. Select the option for marriage registration and fill out the application form.
3. Upload scanned copies of the required documents.
4. Schedule an appointment at the Marriage Registrar's office.
5. Visit the office with the original documents for verification.
6. After successful verification, collect the marriage certificate.

Fees for Marriage Registration

The fees for marriage registration vary depending on the state and type of registration:

• Under the Hindu Marriage Act: Rs. 100 - Rs. 500
• Under the Special Marriage Act: Rs. 500 - Rs. 1000

Common Reasons for Rejection of Marriage Certificate Applications

• Incomplete or incorrect application form.
• Discrepancies in personal details (name, date of birth, etc.).
• Failure to provide valid proof of age or address.
• Non-appearance of witnesses during verification.
• Delay in applying within the prescribed time.
• Time Taken to Issue Marriage Certificate
• Under the Hindu Marriage Act: Issued within 7-15 days.
• Under the Special Marriage Act: Issued after 30-60 days (due to the waiting period).

Legal Implications of Marriage Registration

Registering a marriage protects the legal rights of the couple, ensures transparency in marital matters, and facilitates legal proceedings such as divorce, inheritance, and property disputes. A marriage certificate is a crucial legal document that offers numerous benefits to married couples. While the registration process may vary based on administrative law,

it is advisable to register the marriage as soon as possible. By following the correct procedures and ensuring proper documentation, couples can obtain their marriage certificate without any hassle. If you are planning to apply for a marriage certificate, make sure to gather all the necessary documents and follow the legal procedures applicable in your state.