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The Supreme Court of India has ordered the compulsory registration of all marriages in India, irrespective of the religion. In India a marriage can be registered under either of the two marriages Act:
The Hindu Marriage Act, 1955
The Special Marriage Act, 1954
The Hindu Marriage Act is applicable only to the Hindus, The Hindu Marriage Act provides for registration of an already solemnized marriage. It does not provide for solemnization of marriage by the Registrar. For facilitating the proof of Hindu marriages, the state government may make rules for the registration of marriages. Section 8 of the Hindu Marriage Act, 1955 provides for the registration of Marriage. All rules made in this section may be laid before the state legislature.
A Hindu marriage, which has already been solemnized in accordance with the religious customs and rituals, can be registered under the Hindu Marriage Act, 1955. 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. 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. Along with the application form they have to attach two photographs of the marriage ceremonies, invitation card of marriage, age and address proof of both parties, affidavit of Notary/Executive Magistrate to prove that the couple is married under Hindu Marriage Act 1955, fit mental condition, non relationship between the parties within the degree of prohibition.
Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. Marriage is registered before a marriage registrar/tahsildar of the district, wherever the parties got married. The registration under the Hindu marriage Act does not require any notice. It can be done on the same day of the filing of application or a few days of moving the application for marriage. The parties will receive a marriage certificate within few days, which is a proof of registration of marriage.
The Special Marriage Act, 1954
The Special Marriage Act is applicable to all citizens of India. Any person, irrespective of religion such as Hindus, Buddhists, Jains, Sikhs, Muslim, Christian, Parsi, or Jewish can perform marriage under the Special Marriage Act, 1954. Special Marriage Act provides for solemnization of a marriage as well as registration by a Marriage Officer/Registrar. Under the Special Marriage Act one months notice period is a statutory provision, which cannot be
avoided.
The parties to the marriage have to given a Notice of Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given. A copy of notice is affixed on the notice board of the registration office and a copy of the notice is sent to the marriage officer of the area where either of the parties having present/permanent addresses for similar publication. After the expiration of one month from the date of publication of the notice, if no objections are received the marriage may be solemnized. If any objections are received, the Marriage Officer has to enquire into them and take a decision either to solemnize the marriage or to refuse it.
Both parties to be present on the date of registration of marriage with the
proof of age and address of both parties, affidavit with regard to these as well marital status, fit mental condition, non relationship between the parties within the degree of prohibition, passport size photographs and with three witnesses. In the presence of these three witnesses the marriage is solemnized by the Marriage officer .The Marriage officer registers the
marriage and a marriage certificate is issued within few days of marriage.
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