Why Marriage Registration Is Important

Marriage certificates are not taken seriously in India, and because of this, couples who are married or are planning to get married face problems.

Even though marriage registration is taken lightly in India, it is one of the most important things to be done once the rituals and the parties are over. Apart from providing security to both partners, marriage registration makes everything much smoother in a country where rules change at the drop of a hat. While it is not compulsory in India yet, the Law Commission has recommended to the government that registration of marriages within 30 days should be made mandatory, with a fine of ₹5 per day after that. So don’t delay your marriage registration in India any further.

A marriage certificate is a document issued by the registrar (civil) that certifies the Act of marriage along with the date, place, and time. The certificate is required as proof of legal marriage, and no matter what religion, caste or creed you belong to, it is mandatory by a directive of the Honourable Supreme Court dated 14.02.2006. Unregistered marriages are seen as a crime and are punishable offences. The Supreme Court further suggests that marriages be registered under HMA or the Extraordinary Marriage Act. Unregistered marriages are not illegitimate, but any citizen of India needs to register their marriages compulsorily.

Benefits of a Court Registered Marriage in India

1. If a spouse is working abroad and wants to take his or her partner along requires the marriage certificate. The foreign embassies abstain from issuing a work permit in the absence of a marriage certificate.
2. Legal proceedings in case of succession of property to spouse are easy.
3. For transfer of property or the custody of children in case of legal separation, the court requires a marriage certificate.
4. In case of dissolution of first marriage, a person is able to enter the matrimonial alliance for the second time.
5. Foreign embassies situated in India and outside of India do not recognize traditional marriages. To prove marriage in embassies certificate of marriage is needed.
6. It will be helpful in claiming the Family pension or Bank deposits or Life Insurance benefits when the depositee or the Insurer dies without a nomination or otherwise.
7. The need for a Marriage Certificate also arises in case you need to change your maiden name, etc.
8. A certificate of marriage registration safeguards against denunciation of the wedding by any one spouse.

Procedures of Getting Marriage Registered

Couples planning to get married or are already married can get their marriage registered either by court marriage or by getting married traditionally and then getting their marriage registered.

Court Marriage Procedure

Court marriage procedure is governed by the ‘Special Marriage Act of 1954’ and is standard nationwide. Court marriage can be solemnised between two parties (belonging to the same or different nations) irrespective of their caste, religion, or race. Couples can directly apply to the Marriage Registrar to get a marriage certificate.

1. File a ‘Notice of Intended Marriage’ in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
2. The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
3. After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
4. The marriage may be solemnised at the specified marriage office.
5. Both parties along with three witnesses are required to be present on the date of registration/solemnisation.

Raditional Marriage Procedure

This is the most common way in which marriages take place in India. Couples marry traditionally with great pomp and show according to the region/religion they belong to. They then get their marriage registered to obtain a certificate of marriage.

After the marriage has taken place, couples generally hire an advocate and start the marriage registration procedure,  which may take a couple of weeks. However, with most government departments digitized and online, there is no running from pillar to post.

Application is made at the office of the Sub-Divisional Magistrate (SDM) in whose jurisdiction the husband or wife resides on any working day.

1. Fill the Application form duly signed by both husband and wife.
2. Verification of all the documents is carried out on the date of application itself.
3. Appointment day is fixed and communicated to the parties for registration.
4. On the day of the appointment both the husband and wife and witness need to be present before the ADM.
5. The certificate of marriage is then issued to the couple.

Documents Required For Marriage Registration in India

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