Registration of Marriage in India
A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under The Special Marriage Act, 1954
Further, marriage can be solemnised between any two persons under the provisions of The Special Marriage Act, 1954
Registration of Marriages which have already been solemnised.
Q1. What is the procedure for Solemnization of marriage / Registration of marriage?
i. Procedure for Registration under HMA.
ii. Procedure for Registration under SMA.
iii. Procedure for Solemnization of marriage under SMA.
Q. Where do I have to go and during which hours?
To the office of Additional Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 p.m. on any working day. The office is located in the DC office complex on main Mehrauli Badarpur Road and near Anupam Appt. for assistance of public, reception counter is manned during the official hours for proper guidance. Necessary forms can also be obtained from Reception Counter or can be downloaded from this site.
Q. Which papers/documents/fees, do I have to take with me?
1. Hindu /Special marriage Application form duly signed by both husband and wife. 2. Hindhu/Special marriage Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
3.Residential proof of husband and wife. 4.In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO). 5. Hindu marriage Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality. 6.Two Hindu/Special marriage passport size photographs of both the parties and one marriage photograph. 7.Marriage invitation Hindu marriage card, if available. 8. Hindu marriage If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage. 9.Rs. 10/- in case of Hindu Marriage Act and Rs.15/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form. 10.Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be. For details of such relationships Click here. 11.Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower. 12.In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act). 13. In case one of the parties is a foreign national, no objection certificate/marital Status certificate from the concerned embassy.
All documents excluding receipt should be attested by a Gazetted Officer.
What Are The Documents Required For Court Marriage
1) An Affidavit must be attested by Magistrate/S.D.M. or Notary Public with Register Entry No.
2) Age Proof - either one of these documents Voter I.card, Driving Licence, Matriculation Certificate.
3) Residence Proof - Voter I.card, Driving Licence, Matriculation Certificate, Passport
4) 7 Passport size photo Boys & Girl both.
5) Two Witness With photo Id proof
6) In case of a divorcee than Certified copy of Decree of Divorce granted by the Court
7) If one of the partner is a foreigner than No Impediment Certificate / NOC from concerned Embassy and Valid VISA required
Q. What will be the criteria used while deciding my case?
A) Hindu Marriage Act
Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, alongwith a Gazetted Officer who attended their marriage, need to be present before the ADM. The Certificate is issued on the same day
B) Special Marriage Act
Both parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to marriage officer of the area where either of the parties having present/permanent address. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the ADM. Both parties along with three witnesses are required to be present on the date of registration/Solemnization. For filing objection, register is available with the Dealing Assistant in the office of ADM(S).
Q. Are the advocates required for registration/ Solemenization.
Both the registration under HMA & SMA and solemnization of marriage under SMA is a very simple procedure and does not required any LEGAL HELP
/ ASSISTANCE. It is advised that parties should present their case directly.
Q. What are the relevant Forms?
One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to marriage officer of the area where either of the parties having present/permanent address.
Q. When will I get a response?
In case of Hindu Marriage Act, at the time of filing duly completed application form, a due date vide acknowledgement of receipt of application form is given. On that date necessary formalities can be completed. In case of registration / solemnization of marriage under Special Marriage Act, notice of 30 days after appearance of both the parties the marriage officer is mandatory. Once the application along with the prescribed document is presented, the date for appearance before the marriage officer is given vide acknowledgement
Solemnization of Marriage under Special Marriage Act
Special Marriage Act, 1954 provides for solemnization of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners have been authorized as Marriage Officers for this purpose.
Q. What will be the criteria used while deciding my case?
For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the ADM. Any person may within 30 days of issue of notice. file objection to the intended marriages. In such a case, the SDM shall not solemnize the marriage until he has decided the objection, within 30 days of its receipt. If the ADM refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the ADM solemnizes the marriage after 30 days of the notice. Both parties along with 3 witnesses are required to be present on the date of solemnization of marriage. It is advisable to submit names of witnesses at least one day in advance.
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955
Section 3 (f):
i. Sapinda relationship
with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
ii. Two persons are said to "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;8
Section 3 (g):
"degrees of prohibited relationship" - two persons are said to be within the "degrees of prohibited relationship" -
i. if one is a lineal ascendant of the other; or ii.if one was the wife or husband of a lineal ascendant or descendant of the other; or iii. if one was the wife of the brother or the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or iv. if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;
Explanation - For the purposes of clauses 3(f) and 3(g), relationship includes -
i. relationship by half or uterine blood as well as by full blood;
ii. illegitimate blood relationship as well as legitimate;
iii. relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.
Degrees of Prohibited relationship as per the Special Marriage Act, 1954
Section 2 (b): Degrees of prohibited relationship - a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.
Explanation (I) - Relationship includes, --
a. relationship by half or uterine blood as well as by full blood;
b. illegitimate blood relationship as well as legitimate;
c. relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.
Explanation (II) - "Full blood" and "half blood" - two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.
Explanation (III) - "Uterine blood" - two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.
Explanation (IV) - In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;
The First Schedule Degree Of Prohibited Relationship
PART - I
Father's widow (step mother).
Mother's father's widow (step grand-mother).
Mother's mother's mother.
Mother's mother's father's widow (step great grand-mother).Source: www.legalserviceindia.com