By
Ramki D, III year of B.A.,LL.B.
Introduction
Marriage is also called as matrimony. Marriage is considered as the sacred institution in Indian culture. it is a socially and legally recognised union between man and woman. The marriage is between the two-person. They can spend the whole life with their partners. The marriage certificate is necessary for the marriage. The marriage can be established the rights and obligations of the two-person. The institution of marriage is the interpersonal relationship, usually sexual, acknowledged or sanctioned. In some culture, marriage is considered as compulsory before pursuing any sexual activity.
Marriage registration
The marriage registers under the Hindu Marriage Act, 1955 or the special marriage Act 1954. Registration is legal proof that you are married. It is the vital document proof of the marriage. In 2006, the supreme court announced that it is compulsory to register the marriage for women protection. It is the extreme importance that you got married. Most of the people's struggle in the process, the lack of experience and professional knowledge. There are two processes of getting marriage registered in India are online and offline one.
Online registration of marriage certificate
Online registration is very easy to apply the certificate. It can divide the standing in queues and visiting the marriage register office for many times. Simply fill the form online and submit the form before the date of appointment given to you.
● The open government official website of the state you live in.
● Browse through the website and you can find the form. Fill the form to apply for the marriage certificate.
● Fill your's & your spouse details.
● Finally submit the marriage registration form.
Offline registration of marriage certificate
In the Hindu Marriage Act 1955, under this act, you can apply to register an already solemnised marriage. You must apply at the office of sub-register under jurisdiction was solemnised or under whose jurisdiction one of the partners have been residing for at least 6 months.
In the special marriage Act 1954, under this act, solemnization along with registration is provided by the marriage officer. Both the partners register through this act. Mostly 30 days notice to the sub-register under the jurisdiction of anyone partner of the couple resides. This notice is put upon the board if there is no obligation to marriage within 30 days and the marriage has been registered. The copy of the notice kept with sub-register of the jurisdiction.
The benefit of a marriage certificate
● The marriage certificate is an important legal document that proves the person legally married.
● This certificate is required for applying passport or open bank account.
● It is also helpful in visa for both husband and wife.
● The marriage certificate is mandatory for the couple to travel abroad.
● Spouse is a enable in claiming Life insurance return or Bank deposit in case of the demise of the Insurer or depositor without any nominee.
Hindu marriage Act of 1955
● Section 5 of this act provides for the essential condition for the valid marriage.
● The parties must be Hindu and Hindu includes Hindu, Sikh, Buddhist and Jains.
● The parties must be sound mind and capable of giving consent.
● The bridegroom age should be 21 years and the bride age should be 18 years.
● capable of giving a valid concern, suffering from mental disorder of such kind to be unfit for marriage and procreation of children.
Procedure for registration
● As per the Hindu customs, within one month after the marriage is solemnised and the party supply as the office of the sub-divisional magistrate of jurisdiction husband or wife aside.
● Both the parties fill the application form duly signed.
● The receipt of hundred rupees with the cashier should be attached with the application form.
● The verification of all document is carried out on the date of application and the day is fixed for the appointment and communicated to the parties for registration.
Document required
● Both husband and wife can fill the application form completely and signed.
●The need for voter ID/ration card/passport/driving licence for the proof of address.
● They need a matriculation certificate/passport/birth certificate for the date of birth proof of husband and wife.
● Two passport size photograph and one marriage photography.
● The separate affidavitra starting date and place of marriage, marital status at the time of marriage and nationality from husband and wife.
● Marriage invitation card is available but not necessary.
● If one of the parties is foreigners then the no impediment certificate/NOC from the concerned embassy and valid visa is required.
● All document must be self-attached.
The special marriage Act 1954
The special marriage Act does not require the performance of any religious ceremonies for the marriage. The marriage can be both solemnized and registered by the marriage officer. Section 4 provide that the legally valid marriage for the certain conditions mentioned.
● Both the party should have a spouse living at the time of marriage.
● They should be sound mind and capable of giving consent.
● The cable of giving consent, neither suffering from mental disorder of such kind to be unfit for marriage.
● The bridegroom age should be 21 years and bride age should be 18 years.
Procedure for registration
● Under this act, both the parties register the marriage, therefore the notice is sitting in the form of marriage registrar. The parties resided for 30 days immediately preceding the date on which such notice is given.
● The copy of the notice can be sent both the parties via registered post as per given address.
● On the expiry of the 30 days, there is no objection of the marriage then the marriage should be is solemnised. In case of any objection then the marriage officer conducts inquiry both parties.
● The receipt of the deposit of 150 rupees of cashier where attached with the application form.
● After the date of registration, Bodh what is along with three witnesses and require the basic identification document.
Document required
● Both the parties fill and signed the application form.
● The need for voter ID/ration card/passport/driving licence for the proof of address.
● They need a matriculation certificate/passport/birth certificate for the date of birth proof of husband and wife.
● Aadhar Card and pan card for ID proof.
● Two passport size photograph.
● Two witnesses for photo ID.
● If one of the parties is foreigners then the no impediment certificate/NOC from the concerned embassy and valid visa is required.
Conclusion
The marriage is a legal customary. So we have a proper document and the person have an eligible to occur the marriage. In marriage, they can follow the rules and regulations. Mostly the marriage occurs in the Hindu marriage act and special marriage act. The marriage can be recognised by the state or organisation. The marriage is performed and carried out by the government.