It is true that the marriages are made in heaven but in order to protect them here, some steps need to be taken. One such step is to get a marriage certificate after registration. There is a prevalent notion among the people that marriage registration is not mandatory. Lack of a Central law on this issue makes the people believe so. This is not true as the Supreme Court in SeemaVs. Ashwani Kumar held that it is mandatory to get a marriage registered. It stated that in order to protect the rights of the women, a marriage must be registered in the state in which it gets solemnised. Many states have made it mandatory to register a marriage but still people fail to do so. They do not know the advantages of registration. A marriage certificate holds an evidentiary value. In India, the marriage can either be registered under the Hindu Marriage Act (in case of Hindus, Sikhs, Jains and Buddhists) or the Special Marriage Act (for all others).
Benefits of Registration-
- Marriage certificate is required to get a new passport with the change in mane. It is also required for visa formalities if the husband is staying abroad. Some countries require a marriage certificate to issue a work permit.
- Marriage certificate has a legal validity and can be submitted as a proof of marriage in court and other offices.
- If the spouse passes away without assigning you as his nominee, marriage certificate acts as an evidence and gives security. You can claim the benefits of Life Insurance, family pension, bank deposits with the help of a marriage certificate.
- It helps in opening a joint account and also in property disputes.
- It helps in the untoward situation of divorce and helps in maintenance and child custody claims.
- A marriage certificate is a very important document which helps you in getting the items left by your deceased husband in his will.
- It helps the government to keep a track of child marriages and marriage which are coercively performed.
All these points make it clear that it is important to register a marriage. Registration of marriage can be done with the help of a lawyer.
Documents required for marriage registration-
- A duly signed application form or a Memorandum of marriage is required.
- Proof of date of birth of both the parties is required to be submitted. It can be birth certificate, passport, etc. The bride must not be less than 18 years of age and the groom must be not be less than 21 years old.
- Proof of residence of the husband and wife must be submitted. PAN Card, Aadhar Card, Electricity Bill etc. can qualify as a residence proof.
- Passport size photographs (2 each) need to be submitted. A photo of the marriage must also be submitted.
- Invitation card of the marriage is another document that must be submitted.
- A certificate from the priest is required if the marriage got solemnised at a religious place.
- The requisite fees must be submitted. The fees for registration under the Hindu Marriage Act is Rs. 100, while under Special Marriage Act, is Rs. 150. It is to be submitted to the district cashier. You must submit the receipt with the form.
- An affirmation must be submitted by the parties stating that they do not fall under prohibited relationship. Example Sapinda relationship.
- If the parties get married under Hindu Marriage Act and if one of the parties belong to a religion other than Hindu, Jain, Buddhist and Sikh then a conversion certificate from the priest who performed the marriage (in case of marriage performed under the Hindu Marriage Act) will be required.
- An affidavit duly signed by both the parties which contains the place, date of marriage, birth date along with other details is required to be submitted.
The registration of marriage can be done either online or offline. You must take an appointment as soon as possible (before or after the marriage) in order to get your marriage certificate without a hassle. If the marriage is registered under the Special Marriage Act, a 30 days’ notice is required. You can make the appointment online on your municipality’s website. You can either chose your district or your spouse’s district for the registration of marriage. The only condition involved is that in order to choose a district, you must have resided there for at least 6 months before marriage. Fill the form with complete details carefully like your name, name of the spouse, religion, etc. After choosing the date of appointment submit the form. On submission, you will receive an acknowledgement receipt, take a printout of the complete form and the acknowledgment slip and carry it along with you on the date of appointment. Now, the couple has to make a visit to the office of the Marriage registrar on the date of the appointment with the requisite documents. On verifying the documents and after the receipt of the payment the registrar will issue you your marriage certificate. It is not yet possible to receive the certificate online without making a visit to the registrar. So, after taking the appointment online, one has to visit the office of the registrar to receive the certificate. This process can be simplified with the help of a lawyer who can guide you throughout the process. So, one must register their marriage with the registrar without any undue delay.