Marriage Certificate (OT)

(This is not related to finance, still thought it is useful info)

In a recent judgement, the Supreme Court of India, made the registration of marriage a compulsory act. The Center, States and the Union Territories are directed to amend the rules within three months. Some people have not liked the idea of SC directing the government to make a law, but overall the need for the law has been felt all along.

Global conventions have always pressed for compulsory registration of marriages. The article 16 (2) of the international Convention on the Elimination of all kinds of Discrimination against Women (CEDAW) — to which the Indian government is a signatory — says: “...all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.”

Indian governemnt had always been reluctant to make this law. The reason being the Hindu Marriages. India being a country with diverse cultures and religions, most marriages are registered under various religious marriage acts. Under the Indian Christian Marriages Act, 1872, all marriages are entered into a church register after a wedding takes place. Registration is mandatory under the Parsi Marriage and Divorce Act, 1936. Muslim law, too, records a marriage in a nikahnama. And under the Special Marriage Act, 1954 — valid for all Indian citizens, irrespective of religion — every marriage is registered. But under the Hindu Marriage Act, 1955, a marriage does not have to be registered. Check out the section 8 of the act which does not make registration compulsory.

However certain state governments, did impose compulsory marriage registration law inorder stop the crimes committed against women and children and aimed at giving legal status to wedlock and to strengthen the institution of marriage. For example -

- The Bombay Registration of Marriages Act, 1953. This Act applies to the States of Maharashtra and Gujarat
- The Karnataka Marriages Act, 1976 in force since 1983
- The Himachal Pradesh Registration of Marriage Act, 1997
- Andhra Pradesh passed the Compulsory Registration of Marriage Act, 2002

Why you should get the marriage certificate?

-- With the new law there is no other option

-- It would be a valuable certificate where-ever you need evidence of marriage, espeically in government machinery and regarding financial

matters

-- If you are going abroad, then only this marriage certificate is accepted

-- This certificate will act as an evidence in case of any legal issues like divorse or bigamy problems

There is no such specific rule to get the marriage certificate, but following things usually apply

1) If you are married in a traditional way (i.e want a marrigae certificate after getting married), then you have to go to Marriage Registrar office of your area with wedding photos and certificate if given by any mandir/church etc. After filling the appropriate form and submitting the nominal fees, signature by both you and your spouse along with three-four withnesses should get you the certificate. You need an age proof too. Usually your High-School certificate or Passport should be enough.

2) If you are not married and want to get married in court, you need to apply and fill an application form. There is a one-month notice period for anyone else to object to the marriage. After the one month period, the above procedures apply.

3) The wedding registration is done by the same people who register property, births or deaths.

4) Getting a marriage certificate in another city than the one you got married in is a extremely tough thing, atleast now. So better go to the registrar office in the city you got married.

5) If you got married by any traditional way and want a certificate, it is usually better to visit the registrar office within three months. Otherwise the procedure is a bit complicated.

Here is the procedure in bit detail:

If you wish to have your marriage registered, you must approach the Sub-Registrar of marriages and assurances for the area. He is the same official of registration department who also registers sale deeds etc.

If you wish to register a Hindu marriage, then the following procedure must be followed:

-- The groom must be at least 21 years old and the bride must be at least 18 years old.

-- An application form must be filled out and presented to the Sub-Registrar

-- Prescribed fee for registration needs to be given

-- You must attend the Sub-Registrar's office along with your spouse and two witnesses, preferably parents of the couple.

-- You must produce evidence of marriage like wedding card, photographs etc

-- The Sub-Registrar can register the marriage within 6 months after the event.

If the marriage is to be registered after 6 months, you will have to apply to the District Registrar concerned in the application form for condonation of delay.

If you wish to register the marriage after 3 years, you will have to apply to the Inspector General of Registration for condonation of delay in the same form.

Registration at the venue of marriage:

If you wish to register the marriage at the venue, then you must apply for registration and ask for the Sub-Registrar's presence. The following fees must be paid to secure the Sub-Registrar's presence.

-- Application Fee

-- Transport charges for the Sub-Registrar

-- If the wedding is outside the Sub-Registrar's headquarter, then the daily allowance has to be paid as prescribed by government

Registration of a marriage under Special Marriages Act

A marriage can be registered under Special Marriages Act if it is not solemnized in a religious ritual. For such a marriage to be registered at the time of the wedding, you must apply at least a month in advance and fulfil the following conditions:

-- The bride must be at least 18 years of age and the groom must be at least 21 years of age. Proof of age must be furnished

-- Application with fee must be paid

-- A notice fee must be paid

-- A notice of 30 days will be given by Sub-Registrar to the public to raise objections if any. The notice will be displayed on his notice board.

-- If any one wishes to object to the marriage he must then pay an objection fee and file the objection petition stating reason

-- The Sub-Registrar will enquire into the objection and if he finds that the objection is valid, the registration application will be rejected.

-- If there is no valid objections, the marriage will be registered after 30 days

Registration of a marriage can be done under Special Marriages Act after the marriage in the same manner as a Hindu Marriage registration. However, there is a separate application, and witnesses and evidence of marriage must be produced.

So go and get the certificate quick !!