Marriage Registration
A. You have already performed your ceremonial Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage in a Gurudwara, Muslim Marriage, Christian Marriage, however, by way of proof of your marriage, you only have marriage photographs, marriage video, Arya Samaj Certificate or Gurudwara Certificate or Nikah Nama or Church Marriage Certificate, but you are in need for Marriage Certificate issued by some Government Statutory Bodies,
Your Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage in a Gurudwara, Muslim Marriage, Christian Marriage is perfectly legal and valid all over India, however, by way of proofs of your marriage, many institutions even in India do not accept your marriage photographs, marriage video, Arya Samaj Certificate or Gurudwara Certificate or Nikah Nama or Church Marriage Certificate; further, foreign embassies in India and foreign countries outside India do not recognise your marriage as legal and valid,
Still further, Hindu Marriage Act and Rules made under it do not provide for performance of marriage before a Marriage Registrar, And hence, Hindu Marriage Act and Rules made under it provides for Registration of a already performed Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage in a Gurudwara before a Marriage Registrar, Special Marriage Act and Rules made under it provides for Registration of a already performed Muslim Marriage, Christian Marriage, and marriage performed in any other forms so that you have your Marriage Certificate issued by Government Statutory Body which is recognised all over India and all over world.
Q2. What are the Legal aspects to be noted for Marriage Registration?
A.
Registration of Marriage does not confer any legal status of Husband and Wife and is Optional till date. However, registration of marriage provides Legal Proof of Marriage in the form of Marriage Certificate.
There is no time limit within which you should get your marriage registered after the performance of marriage; and hence, after performance of marriage, registration of marriage can be done after lapse of any period of time, may be after years together.
Hindu Marriage Act and Rules made under it provides for Registration of a already performed Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage in a Gurudwara between two Hindus, Buddhists, Jains, Sikhs or marriages of the persons who are not Muslims, Christians, Parsis or Jews, marriages of the persons who have converted and embraced Hindu Religion before performance of marriage.
Special Marriage Act and Rules made under it provides for Registration of a already performed Muslim Marriage, Christian Marriage, and marriages performed in any other forms.
Q3. What are the Benefits of Registration of Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage, Muslim Marriage, Christian Marriage, and marriages performed in any other forms?
A.
Ceremonial Marriage is not recognized by foreign embassies in India and Foreign Countries outside India. For the proof of marriage in foreign embassies in India and Foreign Countries outside India, you need to have Marriage Registration Certificate. While applying for Spouse VISA, the foreign Embassies ask for Marriage Registration Certificate. And Hence, if a husband or wife want to travel outside India on spouse visa then Hindu Marriage Registration Certificate is a must, or
If the persons want to get married against the Will of their Elders and Family Members – Marriage Registration Certificate provide protection against false and fraudulent Civil as well as Criminal cases filed by the warring elders and family members of the spouses such as Missing, Abduction, Kidnapping, Rape etc.
In the unhappy circumstances of disputes (whether civil or criminal) between the spouses relating to divorce, dowry, maintenance and other cases, Marriage Registration Certificate provide protection against false denial of marriage by either of the spouses.
Many institutions in India also have started asking for Marriage Certificate issued by Marriage Registrar by way of Proof of Marriage.
Q: Documents required for Registration of Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage, Muslim Marriage, Christian Marriage, and marriages performed in any other forms?
A.
Passport Size Photographs of both the husband and wife,
Marriage Photographs,
Wedding Card / Marriage Card / Marriage Certificate issued by Priest, Arya Samaj Mandir, Gurudwara, Church or Nikah Nama.
Residential proof of both the husband and wife.
Date of Birth Certificate of both the husband and wife.
In case of Foreign National – No Objection Certifcate / Marriage Status Certificate / No impediment Certificate from concerned Country’s Embassy in Delhi;
In case of divorcee – Certified Copy of Divorce Decree.
In case of Widow / Widower – Death Certificate of deceased spouse.
In case any of the husband or wife is a convert, Conversion Certificate issued by Priest, Arya Samaj Mandir, Gurudwara and Gazatee Notification of New Name given to the convert during conversion.
Residential Proof and PAN Card of Witnesses.
Q5. What are the Conditions for Registration of Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage, Muslim Marriage, Christian Marriage, and marriages performed in any other forms?
A.
The conditions for Registration of Hindu Marriage, Arya Samaj Mandir Marriage and Anand Marriage are the same as provided for Performance / Solemnization of their Ceremonial Marriage, which is provided as under:
A.
Passport Size Photographs of both the husband and wife,
Marriage Photographs,
Wedding Card / Marriage Card / Marriage Certificate issued by Priest, Arya Samaj Mandir, Gurudwara, Church or Nikah Nama.
Residential proof of both the husband and wife.
Date of Birth Certificate of both the husband and wife.
In case of Foreign National – No Objection Certifcate / Marriage Status Certificate / No impediment Certificate from concerned Country’s Embassy in Delhi;
In case of divorcee – Certified Copy of Divorce Decree.
In case of Widow / Widower – Death Certificate of deceased spouse.
In case any of the husband or wife is a convert, Conversion Certificate issued by Priest, Arya Samaj Mandir, Gurudwara and Gazatee Notification of New Name given to the convert during conversion.
Residential Proof and PAN Card of Witnesses.
Q5. What are the Conditions for Registration of Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage, Muslim Marriage, Christian Marriage, and marriages performed in any other forms?
A.
The conditions for Registration of Hindu Marriage, Arya Samaj Mandir Marriage and Anand Marriage are the same as provided for Performance / Solemnization of their Ceremonial Marriage, which is provided as under:
There should not be subsisting valid marriage of either of the parties with any other person.
Monogamy is now the rule.
The parties should be competent in regards to their age. The age prescribed for the bridegroom is twenty-one (21) years and bride is eighteen (18) years.
The parties should be competent in regards to their mental capacity. Neither parties should be suffering from unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
The parties should not fall within the degree of prohibited relationship.
The parties are not sapindas of each other.
The conditions for Registration of Muslim Marriage, Christian Marriage, and marriages performed in any other forms is provided as under:
A ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since.
There should not be subsisting valid marriage of either of the parties with any other person. Monogamy is now the rule.
The parties should be competent in regards to their age. The age prescribed for the bridegroom is twenty-one (21) years and bride is also twenty-one (21) years at the time of registration of their marriage.
The parties should be competent in regards to their mental capacity. Neither party is an idiot or a lunatic at the time of registration.
The parties should not fall within the degree of prohibited relationship.
The parties have been residing within the district of the Registrar of Marriage for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.
Q6. How much time / days the Marriage Registration procedure takes for completion?
A.
The entire Procedure for Registration of Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage may take from 1 day to 90 days for completion which depends upon many factors.
The entire Procedure for Registration of Muslim Marriage, Christian Marriage, and marriages performed in any other forms may take from 31 day to 90 days for completion, as there is mandatory waiting period of 30 days between ‘Date of Application for Registration of Marriage’ and ‘Date of Registration of Marriage’.
Q5. Can I do marriage registration myself or I have to hire the services of Advocate / Lawyer / Vakil / Attorney?
A.
The parties should be competent in regards to their age. The age prescribed for the bridegroom is twenty-one (21) years and bride is eighteen (18) years.
The parties should be competent in regards to their mental capacity. Neither parties should be suffering from unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
The parties should not fall within the degree of prohibited relationship.
The parties are not sapindas of each other.
The conditions for Registration of Muslim Marriage, Christian Marriage, and marriages performed in any other forms is provided as under:
A ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since.
There should not be subsisting valid marriage of either of the parties with any other person. Monogamy is now the rule.
The parties should be competent in regards to their age. The age prescribed for the bridegroom is twenty-one (21) years and bride is also twenty-one (21) years at the time of registration of their marriage.
The parties should be competent in regards to their mental capacity. Neither party is an idiot or a lunatic at the time of registration.
The parties should not fall within the degree of prohibited relationship.
The parties have been residing within the district of the Registrar of Marriage for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.
Q6. How much time / days the Marriage Registration procedure takes for completion?
A.
The entire Procedure for Registration of Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage may take from 1 day to 90 days for completion which depends upon many factors.
The entire Procedure for Registration of Muslim Marriage, Christian Marriage, and marriages performed in any other forms may take from 31 day to 90 days for completion, as there is mandatory waiting period of 30 days between ‘Date of Application for Registration of Marriage’ and ‘Date of Registration of Marriage’.
Q5. Can I do marriage registration myself or I have to hire the services of Advocate / Lawyer / Vakil / Attorney?
A.
Although Marriage Registration on the face of it seems very simple process
Various legal issues are involved regarding (i) the capacities of party to contract for marriage, (ii) the form of marriage which would be legal and valid, (iii) the appropriateness of the place of marriage and registration, (iv) the contents of Affidavits which have to be submitted to the Marriage Registrar, which your Advocate / Lawyer / Attorney / Vakil can take care of.
You can avoid unnecessary hassles and repeated traveling cost to the Marriage Registrar for getting into thick and thin of Marriage Registration .
Time taken in completing the process of Marriage Registration various considerably depending upon, “how much conversant is the person with the process”.
Various delays in the process of Marriage Registration happens only because of the lack of knowledge of the process by the person handling the matter and for which Officials of Marriage Registrar are least responsible.
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