Marriage registration is done to obtain an official statement or certificate stating that two people have tied the nuptial knot. It is an official record that two people have undergone a marriage ceremony. A marriage is either registered under the Hindu Marriage Act 1955 or Special Marriage Act 1954. Registration under the Hindu Marriage Act is done when both the parties are Hindus, Jains, Sikhs and Buddhists or in case they have converted to the mentioned religions. A marriage is registered under the Special Marriage Act if either or both the parties belong to a religion other than Hindus, Jains, Sikhs and Buddhists. In some religions, marriage registrations can be done through their special religious institutions or boards.
Why should you go for Registration?
Though an unregistered marriage is not illegitimate in our country, it is nevertheless considered essential for the following reasons:
- Last Name: Marriage registration acts as a proof of change of a party’s last name.
- Women Security: Marriage registration bars men from leaving their wives post marriage. They are bound to take care of their wives else they may be entitled to pay alimony or undergo stern legal procedure.
- Prevents Bigamy: Marriage registration prevents the husbands from indulging in bigamy or polygamy in the places or religions where it is considered illegal.
- Legitimacy of Child: It may come handy in case there are issues related to the legitimacy of your child.
- Divorce: Marriage certificate is required by the attorney in cases related to the alimony, custody of children and other divorce proceedings.
- Property Matters: It helps the widow/ widower in inheriting the property of his/ her deceased spouse.
- Settling Abroad: In case, a person gets a job abroad and wants to take his/ her spouse along then a marriage certificate is required to prove their relationship. This law is very stringent and there is no way you can get through without marriage registration.
- Socially Acceptable: Registering your marriage can aid in preventing child marriages as the certificate requires to state the age of the candidates along with the proof.
The marriage registration is quite an easy procedure in India. For marriage registration in India you may apply for the same at the office of the Sub Divisional Magistrate in the jurisdiction of whom the marital couple resides.
General Documents Checklist
- Date of Birth certificate of both the parties.
- One wedding picture and two passport size photos of both the partners.
- In case the marriage is solemnized in a temple or other religious place then a certificate from the priest who carried out the wedding rituals is required.
- Ration card of the spouse whose area Sub Divisional Magistrate office is being visited for marriage registration.
- Hindu/ Special marriage application form signed by both the parties.
- Both the parties to submit affidavit confirming the date and place of marriage, marital status at the time of entering the wedlock, nationality and date of birth.
- If one of the partners is from a religion other than Hindu, Skih, Jain and Buddhist then the priest who solemnized the marriage is required to give conversion certificate.
- If one of the parties is a foreign national then a no objection certificate is required from the concerned embassy.
- An attested copy of the spouse’s death certificate in case of widow/ widower and a copy of divorce in case of a divorcee.
- Marriage invitation card, in case it is available.
Please note that the marriage registration procedure and document checklist may vary to some extent, depending on whether you are applying under Hindu Marriage Act or Special Marriage Act.
To get detailed information on marriage registration, you can consider legal consultation or visit www.delhi.gov.in