Introduction
In Hindu law, marriage can either be registered under the Hindu Marriage Act, 1955 Or Under the Special marriage Act, 1954. The Hindu Marriage Act applies to any person who is converted or re-converted to Hindu but also this Act is applicable for Buddhists, Sikhs, Or Jain religion and the followers of Brahmo-Samaj, Arya Samaj, Prarthana. In India for legally valid marriage, it is compulsory to register one’s marriage.
Why Registration Is Necessary
After Registration the couples are provided with marriage certificate which is a proof of their lawful marriage. A marriage certificate is a valid proof of being legally married to one’s partner.
Types of Registration
In India for Hindu, marriages can be registration under Acts of ~
i). The Hindu Marriage Act, 1955.
ii). The Special Marriage Act, 1954.
For Valid Hindu Marriage Registration there are some conditions which are to be fulfilled. The conditions of Hindu Marriage Act are provided under Sec.5 of Hindu Marriage Act, 1955:
A) Age of bride and Groom The bridegroom should have completed the age of 21 & age of bride should be 18 or above 18.
B) At the time of marriage neither husband nor wife should have a spouse living.
C) Sound Mind Both parties should be of sound mind at the time of marriage and mentally fit and fine, which means that neither party is suffering from any mental disorder or incapacity.
D) Neither party should fall in the prohibited degree of relationship which is Void in Hindu Marriage Act.
Registration of Marriage Under Hindu Marriage Act, 1955
This marriage is applicable on Hindu only. It is registration of already solemnize marriage.
Procedures of Hindu Marriage Act Registration
Either of the party need to apply for registration to Registrar after solemnization of marriage done through rituals and customs of Hindu Marriage Act.
i) Within a months the couples should register the marriage.
ii) In Hindu marriage registration there is no need of notice.
iii) Application form should be filed by both the parties.
iv) Couples need to submit photographs of their marriage with attached wedding card.
v) Proof of ID, address, Date of birth certificates are required.
vi) Attested affidavit by notary of self-declaration, need to mention that there is no prohibited relationship between the and not having any spouses living.
Registration of Marriage Under Special Marriage Act, 1954
Special marriage act is considered as or termed as Court marriage. The Court marriage can be solemnized between the couple belonging to other caste, creed or they are of foreign nation or an Indian. In Court marriage there is no need of rituals. In Court marriage both groom and bride appear before Court directly to apply for Registration by Registrar.
For registration of marriage, documents required are
There are some legal process for which documents are required and it is compulsory for both individuals to complete legal procedure.
Required Documents are ~
a) Signed application form by both individuals.
b) Documents related to ID proof, Address proof, Date of birth proof.
c) Photographs of both individuals.
d) Legal Divorce Decree if married before.
e) In case of remarriage after death of spouse, need to give death certificate of ex- spouse who is dead.
f) And most important is a Valid passport of couples if marrying to foreigner in the case of registration under special marriage act .
Procedure For Registration Under Special Marriage
There are some procedures which are to be followed in case of court marriage or special marriage ~
i). Both the parties must file a notice of marriage by their consent , prescribed from Registrar of that district.
ii).There should be a certificate which show that couples are staying in India for the period of 30 days.
References:
•Paras Diwan book on family law.
•Hindu Marriage Act, 1955 pdf & Special marriage Act, 1954 pdf as visited on 9 /April/ 2021.
