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Overview


    Marriage Registration

    (Overview)

    What is a Marriage Certificate and Why is it Needed?

    A Marriage Certificate is the evidence of registration of a marriage. The need for a Marriage Certificate arises in case you need to prove that you are legally married to someone, for purposes like obtaining a passport, changing your maiden name, etc.

    Legal Framework

    In India, a wedding is often registered under either of the 2 Marriage Acts: the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. To be eligible for marriage, the minimum regulation is 21 for males and 18 for females. The parties to a Hindu marriage should be unmarried or divorced, or if previously married, the spouse by that marriage shouldn't be alive. additionally, the parties should be physically and mentally healthy and must not be related during a way prohibited by the law.

    The Hindu Marriage Act applies only to the Hindus, whereas the Special Marriage Act applies to all citizens of India.

    The Hindu Marriage Act provides for registration of an already solemnized marriage. It doesn't provide for solemnization of a wedding by the Registrar. The Special Marriage Act provides for the solemnization of a wedding also as registration by a wedding Officer.

    What you would like to try to to to get a wedding Certificate

    Under the Hindu Marriage Act:

    Parties to the wedding need to apply to the Registrar in whose jurisdiction the wedding is solemnized or to the Registrar in whose jurisdiction either party to the wedding has been residing a minimum of 6 months immediately preceding the date of marriage. Both parties need to appear before the Registrar alongside their parents or guardians or other witnesses within one month from the date of marriage. there's a provision for condonation of delay up to five years, by the Registrar, and thereafter by the District Registrar concerned.

    Under the Special Marriage Act:

    The parties to the intended marriage need to provides a notice to the wedding Officer in whose jurisdiction a minimum of one among the parties has resided for not but 30 days before the date of the notice. It should be affixed at some conspicuous place in his office. If either of the parties is residing within the area of another Marriage Officer, a replica of the notice should be sent to him for similar publication. the wedding could also be solemnized after the expiry of 1 month from the date of publication of the notice if no objections are received. If any objections are received, the wedding Officer has got to enquire into them and make a choice either to solemnize the wedding or to refuse it. Registration is going to be done after the solemnization of the wedding.

    Any marriage already celebrated also can be registered under the Special Marriage Act after giving public notice of 30 days, subject to conditions. However, as stated above, the bridegroom and therefore the bride must have completed 21 years and 18 years aged respectively.

     


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