SaralKanoon

Saral Kannon

Procedure for Solemnization of marriage, papers/documents/fees, Hindu Marriage Act, Solemnization of Marriage under Special Marriage Act.

A marriage which has already been solemnized can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under The Special Marriage Act, 1954

Further, marriage can be solemnised between any two persons under the provisions of The Special Marriage Act, 1954

Registration of Marriages which have already been solemnised.
Q1. What is the procedure for Solemnization of marriage / Registration of marriage?
i. Procedure for Registration under HMA.
ii. Procedure for Registration under SMA.
iii. Procedure for Solemnization of marriage under SMA.

Q. Where do I have to go and during which hours?
To the office of Additional Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 p.m. on any working day. The office is located in the DC office complex on main Mehrauli Badarpur Road and near Anupam Appt. for assistance of public, reception counter is manned during the official hours for proper guidance. Necessary forms can also be obtained from Reception Counter or can be downloaded from this site.

Q. Which papers/documents/fees, do I have to take with me?
1. Hindu /Special marriage Application form duly signed by both husband and wife. 2. Hindhu/Special marriage Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
3.Residential proof of husband and wife . 4.In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO). 5. Hindu marriage Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality. 6.Two Hindu/Special marriage passport size photographs of both the parties and one marriage photograph. 7.Marriage invitation Hindu marriage card, if available. 8. Hindu marriage If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage. 9.Rs. 10/- in case of Hindu Marriage Act and Rs.15/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form. 10.Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be. For details of such relationships Click here. 11.Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower. 12.In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act). 13. In case one of the parties is a foreign national, no objection certificate/marital Status certificate from the concerned embassy.
All documents excluding receipt should be attested by a Gazetted Officer.

What Are The Documents Required For Court Marriage

1) An Affidavit must be attested by Magistrate/S.D.M. or Notary Public with Register Entry No.
2) Age Proof – either one of these documents Voter I.card, Driving Licence, Matriculation Certificate.
3) Residence Proof – Voter I.card, Driving Licence, Matriculation Certificate, Passport
4) 7 Passport size photo Boys & Girl both.
5) Two Witness With photo Id proof
6) In case of a divorcee than Certified copy of Decree of Divorce granted by the Court
7) If one of the partner is a foreigner than No Impediment Certificate / NOC from concerned Embassy and Valid VISA required

Q. What will be the criteria used while deciding my case?
A) Hindu Marriage Act

Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, alongwith a Gazetted Officer who attended their marriage, need to be present before the ADM. The Certificate is issued on the same day
B) Special Marriage Act

Both parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to marriage officer of the area where either of the parties having present/permanent address. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the ADM. Both parties along with three witnesses are required to be present on the date of registration/Solemnization. For filing objection, register is available with the Dealing Assistant in the office of ADM(S).

Q. Are the advocates required for registration/ Solemenization.
Both the registration under HMA & SMA and solemnization of marriage under SMA is a very simple procedure and does not required any LEGAL HELP / ASSISTANCE. It is advised that parties should present their case directly.

Q. What are the relevant Forms?
One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to marriage officer of the area where either of the parties having present/permanent address.

Q. When will I get a response?
In case of Hindu Marriage Act, at the time of filing duly completed application form, a due date vide acknowledgement of receipt of application form is given . On that date necessary formalities can be completed. In case of registration / solemnization of marriage under Special Marriage Act, notice of 30 days after appearance of both the parties the marriage officer is mandatory. Once the application along with the prescribed document is presented, the date for appearance before the marriage officer is given vide acknowledgement

Solemnization of Marriage under Special Marriage Act

Special Marriage Act, 1954 provides for solemnization of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners have been authorized as Marriage Officers for this purpose.

Q. What will be the criteria used while deciding my case?
For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the ADM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnize the marriage until he has decided the objection, within 30 days of its receipt. If the ADM refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the ADM solemnizes the marriage after 30 days of the notice. Both parties along with 3 witnesses are required to be present on the date of solemnization of marriage. It is advisable to submit names of witnesses at least one day in advance.

Degree of Prohibited relationship as per the Hindu Marriage Act, 1955

Section 3 (f):

  1. Sapinda relationship

with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

ii. Two persons are said to “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;8

Section 3 (g):

“degrees of prohibited relationship” – two persons are said to be within the “degrees of prohibited relationship” –

i. if one is a lineal ascendant of the other; or ii.if one was the wife or husband of a lineal ascendant or descendant of the other; or iii. if one was the wife of the brother or the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or iv. if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Explanation – For the purposes of clauses 3(f) and 3(g), relationship includes –

i. relationship by half or uterine blood as well as by full blood;
ii. illegitimate blood relationship as well as legitimate;
iii. relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.
Degrees of Prohibited relationship as per the Special Marriage Act, 1954

Section 2 (b): Degrees of prohibited relationship – a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.

Explanation (I) – Relationship includes, —
a. relationship by half or uterine blood as well as by full blood;
b. illegitimate blood relationship as well as legitimate;
c. relationship by adoption as well as by blood;

and all terms of relationship in this Act shall be construed accordingly.

Explanation (II) – “Full blood” and “half blood” – two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) – “Uterine blood” – two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation (IV) – In Explanations II and III, “ancestor” includes the father and “ancestress” the mother;

The First Schedule Degree Of Prohibited Relationship

PART – I

  • Mother.
  • Father’s widow (step mother).
  • Mother’s mother.
  • Mother’s father’s widow (step grand-mother).
  • Mother’s mother’s mother.
  • Mother’s mother’s father’s widow (step great grand-mother).
  • Mothers’s father’s mother.
  • Mother’s father’s father’s widow (step great grand-mother).
  • Father’s mother.
  • Father’s father’s widow (step grand-mother).
  • Father’s mother’s mother.
  • Father’s mother’s father’s widow (step great grand-mother).
  • Father’s father’s mother.
  • Father’s father’s father’s widow (step great grand-mother).
  • Daughter.
  • Son’s widow.
  • Daughter’s daughter.
  • Daughter’s son’s widow.
  • Son’s daughter.
  • Son’s son’s widow.
  • Daughter’s daughter’s daughter.
  • Daughter’s daughter’s son’s widow.
  • Daughter’s son’s daughter.
  • Daughter’s son’s son’s widow.
  • Son’s daughter’s daughter.
  • Son’s daughter’s son’s widow.
  • Son’s son’s daughter.
  • Son’s son’s son’s widow.
  • Sister.
  • Sister’s daughter.
  • Brother’s daughter.
  • Mother’s sister.
  • Father’s sister.
  • Father’s brother’s daughter.
  • Father’s sister’s daughter.
  • Mother’s sister’s daughter.
  • Mother’s brother’s daughter.

Registration of Marriage

Marriage certificate is legal and a valid document as it establishes the marital status of a couple. This document is very much useful especially sudden demise of a husband or wife and when you need to prove about your marriage. Hence Supreme Court made it mandatory for a couple to register irrespective of the religion they belong to.

Why you need to register marriage?

  • It is a valuable evidence of marriage under law of land.
  • It provides social security and confidence among women.
  • It is helpful in getting Passport/Visa.
  • It will be helpful in claiming Bank Deposits, Life Insurance or any other investments or property when the depositee, life insured person or investor dies without opting nomination.

So you noticed that it is very much important for married couple to register it immediately after marriage. Currently Hindu’s  (Hindu, Buddhist, Brahma, Parthana and Arya samaj) can register marriage certificate under the law of Hindu Marriage Act, 1955. Parsi’s (Parsies and Zoroastrians) can register under the act of Parsi Marriage and Divorce Act, 1936. Rest can register their marriages under the act of Special Marriage Act, 1954.

Where you need to register marriage?

  • Marriages under Hindu Marriage Act can be registered in the office of the Registrar of Marriage within the jurisdiction under which the marriage taken place or in the office of Marriage Officer in whose jurisdiction the bride or bride-groom resides.
  • Marriage under Special Marriage Act can be registered in the office of the Marriage Officer under whose jurisdiction bride or bridegroom resides.
  • Marriage under Parsi Marriage Act can be registered in the Office of the District Registrar under whose jurisdiction the marriage takes place.

Sub Registrar Officer who register documents related property or immovable property transaction is usually called Marriage Officer. So you need to register your marriage by visiting the Marriage Officer office which usually situated in Taluk Head Quarters/District Head Quarters/or in few places of Hobli Head Quarters. Age of the Bridegroom must have completed 21 years and bride 18 years completed.

What is the procedure for registering?

  • Under Hindu Marriage Act

1) Download the from by clicking HERE (if you belong to Karnataka, otherwise your respective state registrar website)

2) Fill the details like name and address of bride and bridegroom.

3) Take 3 witness signature who present at the time of marriage along with their name and address.

4) Paste the Joint Photo of bride and bridegroom in the space provided on application form and sign across it.

5) Present such filled form to Marriage Officer.

6) If he satisfy submitted application then he will issue the certificate of marriage.

  • Under Special Marriage Act, 1954

1) Bridegroom and bride should give notice of intending of marriage 30 days in advance.  They must lived more than 30 days within the jurisdiction of marriage officer before giving such notice.

2) If no objections were received with the prescribed 30 days then they can appear before marriage officer within the next 60 days after 30 days notice period completion. They must bring in 3 witnesses for solemnization of marriage. After this marriage officer according to rule will solemnize the marriage.  Within 90 days from this marriage officer’s solemnize if couple not get married then again they need to start a fresh procedure as said above.

3) Marriage officer will administer oath and solemnize the marriage by issuing the certificate of marriage.

4) Both couple along with 3 witnesses must sign the declaration and on certificate of marriage.

  • Under Parsi Marriage and Divorce Act, 1936

1) Parsi priest solemnize the marriage.

2) He will obtain the signatures of bride, bridegroom and 2 witnesses in the prescribed form and issue a certificate of marriage.

3) Certificate need to send to Marriage Officer for registration along with prescribed fee.

4) Registrar will record it in the prescribed register.

Time limit for registration

Marriages under Hindu or Parsi Marriage Act may be registered any time after marriage. But if marriage held already and you are registering the marriage under Special Marriage Act then follow the below procedure.

1) Application along with necessary documents need to be submitted to marriage officer. If there are no objections within 30 days of such application then both husband and wife must appear before marriage officer along with 3 witnesses. Subject to below conditions this marriage will get registered.

  • They must be married and living together since then.
  • At time of marriage any of them should not have more than one living wife or husband.
  • Any of them should not be idiot or lunatic at the time of marriage.
  • Both husband and wife must completed 21 years of age.
  • Both husband and wife should have lived more than 30 days within the jurisdiction of marriage officer.

Restrictions for registration of marriages

Under Hindu Marriage Act, 1955 and Special Marriage Act, 1954

  • If Bridegroom or Bride are married husband or wife.
  • If Bridegroom or Bride are suffering from any mental illness or unsound mind.
  • If Bridegroom or Bride who are descendants up to 5 generation from mother’s side or father’s side cannot marry (They are called Sapindas).

Under Parsi Marriage Act 1936

  • If both Bridegroom or Bride are relative according to said law and comes under prohibited relationship then they can’t register the marriage.

What is the fee for registration?

  • Under Hindu Marriage Act, fee for Application is Rs.5 and fee for certified copy is Rs.10.
  • Under Special Marriage Act, ee for solemnization of marriage is Rs.10, Rs.15 extra for solemnization in place other than office and Fee for notice of intended marriage is Rs 3. Fee for certified copy of certificate of marriage is Rs.2.
  • Under Parsi Marriage Act, fee for certified copy of certificate of marriage is Rs.2.

Do you believe this that within Rs.20 you can register a process in any Government Office? I doubt it especially in sub-register officer. Try your luck and let me know your experience

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