Advocate Harshika Pareek

Types of Marriages Recognized in India

  1. Hindu Marriage Act, 1955: Applicable to Hindus, Buddhists, Jains, and Sikhs.
  2. Special Marriage Act, 1954: Applicable to all citizens, irrespective of religion, if the marriage is between two people from different religions or if the couple chooses to opt for a civil ceremony.
  3. Muslim, Christian, and Parsi Personal Laws: Each has its specific marriage laws for respective communities.

Documents Required for Filing a Marriage

Regardless of the law under which the marriage is registered, certain key documents are mandatory:

  1. Identity Proof:

    • Aadhaar card
    • Passport
    • Voter ID card
    • Driving license
  2. Address Proof:

    • Utility bills (electricity, water, gas)
    • Rent agreement
    • Passport
  3. Date of Birth Proof:

    • Birth certificate
    • 10th-grade mark sheet
    • Passport
  4. Passport-sized Photographs:

    • Recent photographs of both bride and groom.
  5. Proof of Marital Status:

    • If previously married: Divorce decree or death certificate of the previous spouse.
  6. Affidavit of Marriage: Stating the date, place, and time of the wedding.

  7. Marriage Invitation Card (in some cases).

  8. Witnesses: Typically, two to three witnesses with their identity proofs are required.

Steps to File Marriage Documents

1. Application for Marriage Registration:

  • Fill out the application form either online or offline from the local Registrar’s office.
  • Submit it with all the necessary documents and a nominal fee.

2. Verification of Documents:

  • The Registrar verifies the documents, ensuring all details are correct.
  • For marriages under the Special Marriage Act, a 30-day notice period is provided where any objections to the marriage can be raised.

3. Marriage Solemnization (Special Marriage Act):

  • If no objections are raised within 30 days, the marriage can be solemnized in front of a Marriage Officer.
  • For other acts, a marriage certificate can be issued after the wedding ceremony is conducted.

4. Marriage Certificate:

  • After the ceremony or solemnization, the Marriage Registrar will issue the official marriage certificate.
  • This certificate serves as legal proof of marriage.

Registration under Different Laws

Hindu Marriage Act, 1955:

  • Applicable to Hindus, Buddhists, Jains, and Sikhs.
  • Marriage is considered valid after the completion of traditional rituals.
  • After marriage, the couple can apply for a marriage certificate at the Registrar’s office.

Special Marriage Act, 1954:

  • For interfaith or civil marriages.
  • Requires a 30-day public notice period.
  • Marriage is solemnized by a Marriage Officer.

Christian Marriage Act, 1872:

  • Marriage can be performed by a licensed minister or in a church.
  • After the ceremony, marriage needs to be registered with the marriage registrar.

Muslim Personal Law:

  • In Islam, the marriage contract (Nikah) is a religious act.
  • The marriage is registered with a Qazi (Islamic judge) and the certificate (Nikahnama) is issued.

Parsi Marriage and Divorce Act, 1936:

  • For Parsis (Zoroastrians).
  • Marriage is registered with the Parsi Marriage and Divorce Registrar.

Additional Requirements

  • No Objection Certificate (NOC): For foreign nationals or those getting married outside their home state, a NOC might be required.
  • Marriage Under Foreign Marriage Act: For Indian citizens marrying abroad, the Foreign Marriage Act, 1969, applies.

Key Points to Remember

  1. Minimum Age: The legal age for marriage is 21 for men and 18 for women.
  2. Witness Requirement: 3 witnesses are usually required during the registration process.
  3. Online Services: Many states in India now offer online registration for marriages, making it easier to file documents.
  4. Attending the Office: Both bride and groom, along with witnesses, must be physically present for the registration.
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