Friday, March 14, 2008

FAQs on Registration of Marriages

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Frequently Asked Questions on Registration of Marriages


1. Who is the Registrar of Marriages?

2. What is the difference between registration of marriages under the Hindu Marriage

Act, 1955 and the Special Marriage Act, 1954

3. Are there any age limits prescribed?

4. Is it necessary for both the parties to the marriage to appear before the Registrar?

5. Whether a marriage between a citizen of India and a citizen of any other country can

be registered either under the Hindu Marriage Act or the Special Marriage Act?

6. What is the procedure for registration of Marriage ?

7. What is the procedure for getting the Marriage registered under the special Marriage

Act?















1. Who is the Registrar of Marriages?

Ans: All Sub-Registrars are Registrars of Marriages under the Hindu Marriage Act and

Marriage Officers under the Special Marriage Act.

2. What is the difference between registration of marriages under the Hindu Marriage

Act, 1955 and the Special Marriage Act, 1954?

Ans:The Hindu Marriage Act is applicable only to the Hindus, whereas the Special

Marriage Act is 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 a marriage by the Registrar. Parties to the marriage

have to apply to the Registrar in whose jurisdiction the marriage is solemnized or to the

Registrar in whose jurisdiction either party to the marriage has been residing at least for six

months immediately preceding the date of marriage. Both the parties have to appear before the

Registrar along with their parents or guardians of other witnesses within one month from the

date of marriage. There is provision for condonation of delay upto 5 years by the Registrar and

thereafter by the District Registrar concerned.

The Special Marriage Act provides for solemnization of a marriage as well as

registration by a Marriage Officer. The parties to the intended marriage have to give a notice

to the Marriage Officer in whose jurisdiction at least one of the parties has resided for not

less than 30 days prior to the date of notice. It should be affixed at some conspicuous place

in his office. If either of the parties is residing in the area of another Marriage Officer, a

copy of the notice should be sent to him for similar publication. Marriage may be solemnized

after expiry of one month from the date of publication of the notice, if no objections are

received. If any objections are received, the Marriage Officer has to enquire into them and

take a decision either to solemnize the marriage or refuse it. Registration will be done after

solemnization of the marriage.

Any marriage already celebrated can also be registered under the Special Marriage Act

after giving a public notice of 30 days, subject to the conditions.


3. Are there any age limits prescribed.

Ans: Yes. The bridegroom and the bride must have completed 21 years and 18 years of

age respectively.

4. Is it necessary for both the parties to the marriage to appear before the Registrar?

Ans:Yes. It is required under the law.

5. Whether a marriage between a citizen of India and a citizen of any other country can

be registered either under the Hindu Marriage Act or the Special Marriage Act?

Ans:No. The above Acts are applicable only to the citizens of India.

6. What is the procedure for registration of Marriage ?

Ans:An application for the registration shall be in FORM 'A' and shall be signed by

each party to the marriage or by the guardian such party shall be presented in person before

the Registrar in whose
* Jurisdiction either party to the marriage has been residing for at least

six months immediately preceding the date of marriage.
* The party has to append age proof, marriage photo
* Both the parties to the marriage and the guardian if any, appear before

the marriage register personally.
* the application for registration of marriage shall be presented within

one month of the date of solemnization of the marriage.
* if the delay is above one month up to 5 years Sub-Registrar will condone

the delay
* if the delay is above 5 years the District Registrar will condone the

delay.

7. What is the procedure for getting the Marriage registered under the special Marriage

Act?


Ans: The parties to the intended marriage have to give a notice to the marriage

officer in whose jurisdiction atleast one of the parties has to reside for not less than 30

days prior to the date of notice.

This notice will be displayed in the notice board of the Sub-Registrar office. After

expiry of one month if no objections are received, declarations by the bride and bridegroom

shall have to be filed. Then the marriage will be solemnized.




Requirements:

1. Temple/ Function hall reciepts

2. Marriage Photos with negatives

3. Wedding Card

4. Ration card / oter card (Residence proof) (Jurisdiction is very important)

5. Age proof ( 10th Marks list / Income tax Card etc / Driving License )

6. THREE persons for witness (no need of proofs)

7. Application ---- Form A (under rule 5(1) )


(Note: The certificate can be issued on the same day itself)

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