Legal Procedure for Marriage Registration in India
The husband and wife in order to register the marriage are required to apply for registration of marriage to the Additional District Magistrate in whose jurisdiction any of the husbands or wives resides on all working days. The husband and wife are required to fill in application form for registration of marriage as prescribed for the same and enclose the following documents:
Copy of the documentary proof of date of birth, residence proof.
Attested affidavit by both husband and wife indicating date of marriage, place of marriage, date of birth, residential proof, marital status and nationality at the time of marriage.
Any documentary evidence of marriage that may include marriage invitation card or photograph.
2 passport size photographs of husband and wife.
In case marriage was solemnised in religious institution then a certificate issued by the priest indicating solemnisation of marriage.
In case any one spouse is a foreign national then, a certificate issued from the Embassy of foreign nation indicating marital status of the spouse is to be attached.
2 witnesses with a photo identity proof are required to be presented before the Additional District Magistrate and affirm that the marriage was solemnised.
After all the documents are presented to Additional District Magistrate then a day is fixed on which both husband and wife are called and the certificate is issued. All the documents presented are verified and thereafter the certificate is issued.
In case of marriage that has been solemnized under special marriage act then a public notice is issued inviting any objections and after 30 days from the issuance of this notice, the marriage is registered in case of no objections or objections are decided then the marriage is registered. In case the objections are decided not in favor of husband and wife then, appeal may be preferred against this decision in the District Court. 3 witnesses are required to be present during registration process in case of marriage solemnized under Special marriage Act.
Marriage between two Christian people shall be registered as provided in part IV of Indian Christian marriage act.
Foreign Marriage
Marriage of Indian citizen outside India is governed by the
Foreign Marriages Act 1969. Section 4 states that marriage between parties in
case one party is an Indian citizen can be solemnized under this act or under a
marriage officer in a foreign country if
Neither party has a spouse living
Neither party is idiotic or lunatic
The bridegroom has completed 21 years of age and the bride
has completed 18 years of age.
And the parties are not within degree of prohibited relationship.
Section 3 states that the central government may by
notification appoint its diplomatic officers as a marriage officer in that
foreign country.
Section 5 states that parties to a marriage under this act
should send a notice as prescribed in First Schedule of this Act stating intent
to marriage to the marriage officer of the district within whose local limits
any one of the parties resided at least 30 days preceding notice was given. The
notice shall also state that party has resided in that place. This marriage
notice shall be kept as a record and shall be recorded in a “Marriage Notice
Book”
Section 7 states that marriage officer shall publish this
notice in his office and in India or country in which party is ordinary
resident. Section 8 states that any person may in writing can raise objection
to marriage on any ground specified in section 4 of the act within 30 days from
date of the notice.
In case no objection is raised then by virtue of section 9
marriages shall be solemnized under this act and the marriage officer shall
issue a certificate under section 14 of the Act confirming the solemnization of
marriage under the act which shall be a conclusive proof of marriage. The
parties to marriage may register marriage with the marriage officer under
section 17.Section 18 states that marriage solemnized under
this act may prefer relief under Special Marriage Act, 1954. Section 23 states
that the central government is if satisfied that the provision of marriage in a
foreign country is similar to provision of this act then may by notification in
the official gazette declare marriage solemnized under law of foreign country
shall be recognized as valid marriage by the courts of the country.
