Registration of Marriage in India - Desirability and Procedure

Solemnization of marriage is a beautiful experience for couples. While we cherish one of the most significant decisions in our lives, it is an equally intelligent and farsighted decision to get the marriage registered. Though the practice of registration of marriages is not as well established in our society, the reason is not tediousness of the procedure of registration but sheer ignorance of the benefits that accrue to couples from registration of their marriage.

Desirability of getting Marriage Registered

The mere fact that a Registration of Marriage Certificate serves as a legal evidence of the marriage having taken place, is of undeniable relevance for the couple in the long run. The Certificate acts as a check on a large number of cases wherein some unscrupulous people deny the existence of marriage taking advantage of the situation that there is no official record of the marriage.

The Certificate is also necessary for attaining governmental documents like visa wherein proof of marriage is need to be furnished. In fact, even to take a house on rent, a young couple may be asked to provide their marriage certificate to prove that they are not simply in a relationship!

Marriage registration is very beneficial for women. It has a great evidentiary value in the matters of custody of children, right of children born from the wedlock, and the age of parties to the marriage. In case issues arise in future that were unforeseen at the time of getting married, the man cannot deny being married so as to avoid his duty to give alimony or maintenance. It acts as a check to illegal bigamy/ polygamy and deters men from deserting women after marriage. It enables widows to claim their inheritance rights and other privileges which they are entitled to after the death of their husband.

In view of the critical importance of marriage registration to women, the Supreme Court has directed all states and union territories to enact laws to make registration of marriages compulsory irrespective of religion (Smt. Seema vs Ashwani Kumar, Transfer Petition (civil) 291 of 2005). The day is not far when registration of marriages would soon be compulsory in India.

Requirements and Procedure of Marriage Registration

Pre-requisite Documentation to Initiate Marriage Registration Procedure

The Hindu Marriage Act, which came into power on18 May 1955, governs all the Hindu marriages. The Act has reformed the Hindu law of marriage and covers entire India except the state of Jammu & Kashmir

Applicability

Only if both the parties are Hindus can the marriage take place under the Hindu marriage Act 

The Act applies to:

Any person who is Hindu, Buddhist, Jain or Sikh by religion. Any person who is born to Hindu parents. Any person who is not a Muslim Christian, Parsi or Jew, and who is not governed by any other law. 

The Act does not apply: 

To persons who are Muslims, Christians, Parsis or Jews by religion. To members of the scheduled tribes coming within the meaning of clause (25) of Article 366 of the Constitution of India unless the Central Government by notice otherwise directs. Conditions of a Hindu MarriageA marriage to be valid has to fulfill the following conditions: Neither party should have a spouse living at the time of marriage. 

The spouse does not include a divorced husband/ wife. At the time of marriage, the parties should be capable of giving a valid consent to the marriage. A person who is of a sound mind shall be considered to be a person capable to give a valid consent. Neither party, though capable of giving a valid consent should be suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children. Neither party should be suffering from recurrent attacks of insanity or epilepsy. 

The bridegroom should have attained the age of 21 years and the bride should have attained the age of 18 years at the time of marriage. The parties should not be within the degrees of prohibited relationships, unless the customs or usage permits such a marriage. Two persons are said to be within the degrees of prohibited relationships: 

1) If one is a lineal ascendant of the other. For example a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson. 

2) If one was the wife or husband of a lineal ascendant or descendant of the other. For example, a son can not marry his stepmother. Similarly, a person can not marry his Daughter-in -Law or son -in-law. 

3) If one was the wife of the brother or of the fathers or mothers brother or the grandfathers or grandmothers brother of the other. 

4) If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mothers brother and the first cousins are solemnized, those marriages; in the absence of a custom in the community are not valid marriages. 

5) A person can not marry upto his second cousin from the mothers side and upto his fourth cousin from the side of the father. It is also necessary the parties should not be apindas of each other from either side. In case, either party has a spouse living at the time of marriage, within the degree of prohibited relationship and are apindas of each other, the marriage between the parties shall be null and void.

Essential Ceremonies

A Hindu marriage can take place according to the customary rites and ceremonies. The ceremony of saptapadi and kanyadana are important ceremonies prevalent among vast majority of Hindus and the ceremony of saptapadi before the sacred fire has been held essential for a valid Hindu Marriage.

Registration

The marriages solemnized may be registered under the Special Marriage Act with office of the registrar, in the Hindu Marriage Register.Registration is not compulsory and in no way effects the validity of the marriage. It is entirely upto the parties to have the marriage registered. 

No marriage can be registered unless the following conditions are fulfilled: 

A ceremony of marriage has been performed between the parties and they have been living together as husband and wife. Neither party has at the time of registration more than one spouse living. Neither party is an idiot or lunatic at the time of registration. 

The parties have completed the age of twenty one years at the time of registration The parties are not within the degrees of prohibited relationship The parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration. 

On receiving the application signed by both the parties the Marriage Officer shall give public notice and after allowing 30 days for objections and on being satisfied that all the conditions are fulfilled he shall enter a certificate in the marriage certificate book, which shall be signed by the parties and three witnesses. Voidable MarriagesVoidable marriages are those which are void at the option of the aggrieved party. Such marriages can be annulled by a decree of nullity on any of the following grounds: 

That the marriage has not been consummated owing to the impotence of the Respondent. That the marriage is been performed with a person of unsound mind or having a mental disorder or suffering from recurrent attacks of epilepsy That the consent of the Petitioner or its Guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the Respondent. 

To succeed on this ground, it is necessary that the Petition must be presented in the Court within one year after the force has ceased to operate or the fraud has been discovered. It is also necessary that after the force has ceased or fraud discovered, the Petitioner has not, with consent, lived with the other side.

                                                    Christian Marriage Act 

The Indian Christian Marriage Act, 1872, relates to solemnization of marriage of persons professing Christian religion. The Act provides that any marriage solemnized otherwise than in accordance with the Act shall be void.

Solemnization of Christian Marriage

Under Section 5 of the Act Christian marriages can be solemnized by -

A person who has received episcopal ordination, 
Any clergyman of the Church of Scotland, 
Any Minister of Religion licensed under the Act. 
A Marriage Registrar appointed under section 7 of the Act and 
Any person licensed under section 9 to grant certificates of marriage. 

Requirements
Marriage under Christian Law is in the nature of contract and hence there should be a free and voluntary consent between the parties. When there is a minor, as defined in the Act, the consent of father or guardian is necessary. 

Marriage is not permissible between the parties who are within the prohibited degrees of relationship under section 19 of the Act. There is no legal impediment for marriage between a Catholic and a Protestant. By marriage, the husband and wife become one person, i.e., the legal existence of the women is incorporated and consolidated into that of the husband.

Divorce

The law regarding divorce, judicial separation and allied matters is contained in the Indian Divorce Act, 1869. Under section 18 of the Act either spouse can seek divorce on the grounds contained in Section 19 which reads as follows:-

Section 19: Grounds for Decree of Divorce :

1. That the respondent was impotent at the time of marriage and institution of the suit, 
2. That the parties are within the prohibited degree of consanguinity or affinity, 
3. That either party was a lunatic or idiot at the time or marriage. 
4. That the former husband or wife of either party was living at the time of marriage and the said marriage was then in force. 
5. Nothing shall affect the jurisdiction of the High court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

Under Section 10, the wife can seek the marriage be dissolved on the ground:

That her husband exchanged professing Christianity and gone through a form of marriage with another woman,  Incestuous adultery, Bigamy with adultery, Marriage with another woman with adultery, Rape, sodomy or bestiality, Adultery coupled with cruelty and Adultery coupled with desertion without reasonable cause for two years or more Under Section 11, in cases of allegations of adultery, the adulterer should be made a party. Pendent alimony may be granted under Section 36 of the Act.

                                                           Muslim Marriage Acts 

The Muslim marriage is governed not by the Indian Majority Act, 1875 but by Muslim law itself. According to Muslim Law, Marriage / Nikah is a contract underlying a permanent relationship based on mutual consent.

Essential Features of Muslim Nikah

• A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. 
• There can be no marriage without free consent and such consent should not be obtained by means of coercion, fraud or undue influence. 
• Just as in case of contract, entered by a guardian, on attaining majority, so can a marriage contract in Muslim Law, be set aside by a minor on attaining the age of puberty. 
• The parties to a Muslim marriage may enter into any ante-nuptial or post-nuptial agreement which is enforceable by law provided it is reasonable and not opposed to the policy of Islam. Same is the case with a contract. 
• The terms of a marriage contract may also be altered within legal limits to suit individual cases. 
• Although discouraged both by the holy Quran and Hadith, yet like any other contract, there is also provision for the breach of marriage contract. 

Requirements of Muslim Nikah

The solemnization of a Muslim marriage requires adherence to certain forms and formulas. They are called the essentials of a valid marriage. If any of these requirements is not fulfilled the marriage becomes either void or irregular, as the case may be the essentials are as follows:

• Proposal and Acceptance 
• Competent Parties 
• No legal Disability

Absolute Prohibition

There is absolute prohibition of marriage in case or relationship of consanguinity which means the relationship of the person through his/her father or mother on the ascending side, or through his or her own on the descending side.

Marriage among the persons related by affinity, i.e., through the wife is not permitted. Marriage with foster mother and other related through such foster mother is also void.

Relative Prohibitions:

• Unlawful conjunction 
• Marrying a fifth wife 
• Marrying a woman undergoing iddat 
• Marrying non-Muslim 
• Absence of proper witnesses 
• Woman contracting a second marriage during the subsistence of the first marriage.

The following marriages are also prohibited:

Marrying pregnant women 
Marrying own divorced wife 
Marrying during pilgrimage

Procedure for Muslim Nikah

According to Muslim Law it is absolutely necessary that a man or someone on his behalf and the woman or someone on her behalf should agree to the marriage at one meeting and the agreement should be witnessed by two adult witnesses. 

The words conveying proposal and. acceptance must be uttered in each others presence or in the presence of their agents, who are called Vakils or Qazi. 

The other condition for a valid marriage is that the transaction must be completed at one meeting. A proposal made at one meeting and an acceptance at another meeting does not constitute a valid marriage. 

There must be reciprocity between offer and acceptance. The acceptance must not be conditional. 

Under the Sunni Law, the proposal and acceptance must be made in presence of two males or one male and two female witnesses who are sane, adult and Muslim. Under Shia Law, witnesses are not necessary at the time of marriage. They are required at the time of dissolution of marriage. 

The parties contracting marriage must be acting under their free will and consent. 
Polygamy

The law permits a Muslim man four wives if he treats all of them equally. Since it is one of the religious practices it is claimed to be immune from any legislative enactment.

Dower or Mahr

Dower or mahr is an obligation imposed upon the husband at the time of the marriage as a mark of respect to the wife. It can be received by the wife by instituting an action as if it was a debt due to her. Dower can be in cash or in kind. It is divided into two parts one called prompt payable at the time of marriage before the wife can be called upon to enter into conjugal domicile and the other deferred to be discharged when the specified event occurs and on demand made by the wife. Till the dower is paid the widow has the right to retain possession of her husbands property.

Divorce

Marriage under Islam is only a civil contract and not a sacrament. A husband can leave his wife without any reasons merely by pronouncing the word Talak thrice. However, for a Muslim woman to obtain divorce certain conditions are necessary. The husband and the wife with mutual agreement can also put an end to the marriage. 

                                   How to register for marriage

What is Marriage Certificate?

    A marriage certificate is a proof of registration of marriage. 

Why it is needed? 

The need for a marriage certificate arises in case you need to prove that you are legally married to someone. The purposes of marriage certificate are meaningful at the time of obtaining a passport, changing your maiden name. 

Legal Framework 

In India a marriage can be registered under either of the two marriages Act.

 a) The Hindu Marriage Act, 1955 

 b) The Special Marriage Act, 1954 

The parties to a Hindu Marriage should be unmarried or divorced, or if previously married, the spouse by that marriage should not be alive. In addition, the parties should be physically and mentally healthy and must not be related in a way prohibited by the Law. 

 The Hindu Marriage Act is applicable only to the Hindus, where as the Special Marriage Act applicable to all citizens of India. The Hindu Marriage Act provides for registration of an already solemnized marriage. It does not provide for solemnization of marriage by the Registrar. 

 The Special Marriage Act provides for solemnization of a marriage as well as registration by a Marriage Officer. 

Eligibility Criteria 

To be eligible for marriage the minimum age limit is 21 for males and 18 for females. 

Concerned Authority 

a) In urban areas – Deputy Commissioner — for Corporations – Executive Officer — for Municipalities/NACs 

b) In rural areas – BDO 

Procedures 

 1. The parties to the marriage have to apply to the concerned authority in whose Jurisdiction the marriage is solemnized or either party to the marriage has been residing. 

2. The Form No. ‘B’ is to be taken from the concerned office either before 2 marriage or after marriage. 3. Visit the treasury for buying the specified chalan for the purpose.  

Necessary Documents to be attached. 

1. Treasury Chelan of respective amount as specified is to attached with the Application form; 

 2. Joint photograph of marriage of both bride and groom is to attached with the form; 

 3. Invitation Card of marriage of both bride and groom is to be attached with the form; 

 4. Affidavit of Notary/Executive Magistrate that the couple is married under Hindu Marriage Act 1955 and staying together, attach the affidavit with the Form;

 5. Residential proof of Bride/Groom of the local area is to be attached with the form

Fees 

1. Within 1month of marriage, treasury chalan of Rs. 7/- 

2. After 1 month of marriage, treasury chalan of Rs. 7/- + fine Rs.25/- 

Most Important 

Both the guardians have to be present at the time of registration of petition. 

Verification Procedures of documents 

1. for Age Proof – Verification of Certificate 

 2. Affidavit is to be verified. 

 3. Name and present address of applicant/parties is to be verified. 

 4. Name and present address of father/guardian is to be verified. 

 5. Date and place of marriage 

 6. Name and address of witness of marriage is to be verified. 

Time schedule for issuance of certificate 

Generally within three days of registration 

Whom to register complaint