By- Shubhi Mathur
Introduction :
In India, it is compulsory to register one’s marriage to make it legally valid. Registration of marriage provides a marriage certificate to the individuals as a proof of their marriage. A marriage can be between two Hindus or between a male and female belonging to any religion, caste or creed. It can also be between an Indian and a Foreigner.
Hindu Marriage Act:
Hindu Marriage Act was enacted on 18th May 1955 with the primary objective of organizing and amending the laws associated with the section 2 of this act. According to the section 2 of Hindu Marriage Act, Hindus, Jains, Sikhs, Buddhists and the people who got converted to Hindus are the individuals that are binding through this act. Hindu marriages is a sacred bond not only between the girl and a boy but also between the two families which needed to be secured from the frauds.
The law was approved to avoid the varied outcomes that were rife because of the immature Hindu Law for marriages beneath British Rule.
What is Valid Marriage?
K. DEVABALAN V. M. VIJAY KUMARI
A marriage between a Hindu man who converted as Christian and a Christian lady during a Hindu form isn’t a legitimate marriage. Consistent to section 5 of the Act, marriage are often solemnized between two Hindus.
The marriage between the two Hindus can only be taken place if it fulfilled the condition of section 5 of Hindu Marriage Act:
Monogamy – A man or women could have only one spouse living at the time. He or she can not marry other person until or unless his/her first marriage is working.
Sound Mind – The person giving the consent for the marriage should be of sound mind.
Epilepsy – If a person is unfit from mind or the person having recurrent insanity attacks or epilepsy, the consent of other party is necessary.
Major Parties – The parties to marriage should be major. The bride should be above 18 years of her age and groom should be 21 years of his age.
Prohibited Relationships or Sapindas – The party to the marriage should not be in a prohibited relationship or in a lineal ascendant to each other until custom or usage says so.
Section 7 of the Hindu marriage act says that all the ceremonies of the Hindu Marriage need to be done with the rituals and rites of either of the parties.
In Kanwal Ram vs. Himachal Pradesh Administration the court declared that a wedding isn’t proved unless the essential ceremonies required for its solemnization are proved to have been performed.
Competent to Register in a Marriage:
According to the section 2 of the Hindu Marriage Act, only those people are competent to register a marriage are:
- Any person whose both parents are Hindu, Buddhist, Jains, or Sikh as a religion.
- Any person who’s either parents are Hindu, Buddhist, Jains or Sikh as a parent and also who is brought up in the same culture.
- Any person who is convert or reconvert into Hindu, Buddhists, Jains or Sikhs as a religion.
Documents required for Registration under Hindu Marriage Act:
According to the government, following documents are necessary to get authenticate by Gazetted Officer while registering under Hindu Marriage Act:
- A marriage form which needs to be signed by both the bride and the groom.
- Evidential proof of both the parties regarding the Date of birth.
- The residential proof of both the groom and bride.
- 2 passport size photograph of both bride and the groom and one marriage photograph.
- Invitation card of the marriage.
- If the marriage was taken place at the temple or some other religious place then a certificate from the priest of performing marriage.
- 100Rs need to be submit to the cashier and receipt will be attached with the application form.
- The parties need to give the declaration that they do not lie in the sapinda relationship or prohibited relationship.
- A copy of divorce order in case of divorcee and death certificate in the case of widow/widower.
- A conversion certificate from the priest if any of the party is converted.
- An affidavit by both the parties stating the place and the date of marriage, date of birth, marital status at the time of marriage and nationality.
- Parents or guardians of both the parties should be present at the time of registration.
- Both groom and bride need to sign the register in the presence of 3 witnesses.
Procedure of Registration under Hindu Marriage Act:
After submitting all the documents and documents being completely verified by the Gazatted Officer, a day is communicated to the parties when registration will be taken place. On the registration day both the parties along with the Gazatted Officer needed to be present infront of the Sub Divisional Magistrate.
After all the verification process is done and the Sub Divisional Magistrate is satisfied, the marriage certificate is given at the same duration.
Online Marriage Registration:
Although, many states do not have convenience to register their marriage online but in Delhi people can register it through online platform. A person wishes to register marriage online can go to http://edistrict.delhigovt.nic.in/ and follow the following procedures :-
- Choose the relevant district.
- Enter the husband’s detail
- Choose the ‘Registration if Marriage Certificate’
- Fill up the details given in the Document.
- Choose the required date of appointment.
- Choose the submit application option.
An acknowledgement page will then appear with all you details and instructions that need to be followed with a temporary number on the slip. The slip and registration form need to be print and kept safely.
NEED LEGAL ADVICE FOR YOUR MARRIAGE
Applicants also are required to require a witness along side them to the Sub-registrar for marriage registration. A person who has attended the wedding of the parties are often a witness, provided the said person possesses a PAN Card and proof of residence.
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