A marriage which has already been solemnized can be registered under the Hindu Marriage Act, 1955. The Hindu Marriage Act is applicable in cases where both husband and wife with a minimum age of 21 and 18 respectively, are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not of any of the religion mentioned above, the marriage has to be registered under the Special Marriage Act, 1954. Muslim couples need to register their marriage under Special Marriage Act.
WHY MARRIAGE REGISTRATION IS MANDATORY?
As per the order passed by The Honble Supreme Court all marriages should be registered under respective states or union territories. In this way to maintain the procedural uniformity these executive directions are issued or compulsory registration for the marriages solemnized in Delhi as well. Person of any caste , creed or colour whose marriage has happened in Delhi should get its marriage registered within 60 days with a fees of Rs 200 and extended period of 60 days in case of delay with an extra fees of Rs. 500 excluding the day on which marriage got solemnized. If a person fails to register its marriage within this time and extended time then a penalty of Rs 1000 will be charged. Both the parties should jointly apply for Form A addressed to the marriage officer having jurisdiction to register the same.
HOW TO START WITH MARRIAGE REGISTRATION?
- For online registration of marriage in delhi -Log on to website https://edistrict.delhigovt.nic.inwhere Revenue Department provide 27 services including registration of marriage.
- Form A can be filed online and offline depending upon the requirements of the different offices.
- While filling above form you will be required scanned copy of the id proofs of both bride and groom-remember that the scanned size of the documents should be upto size of 100kb.
- After filling the form submit the form and fix the date of appointment according the jurisdiction of either bride , groom or the place where the marriage got solemnized.
DOCUMENTS REQUIRED TO BE CARRIED ALONG WITH FORM ‘A’
- Acknowledgment receipt / Appointment slip
- Bride and Groom affidavit : DOB, identity proof, Residence proof
- Id proof and PAN of two witnesses
- Wedding invitation card/ Arya Samajmandir certificate / Gurudwara certificate
- Two passport size photo of Bride and groom and one marriage photo pasted on plain paper
- Marriage affidavits by both – bride and groom. To download the format of marriage affidavit click here.
Reach the marriage registrar officer well in time with all the documents mentioned above and submit all the documents. The authorized person will check the documents, if everything is correct he will approve the application and you will get the marriage certificate within 30 days and if there is any contingency he may reject the same. The form has to be filled again and fees has to be paid again for the same.
Some special points to keep in mind while applying for marriage certificate
- Carefully check the date of marriage because it cannot be corrected later and your application may be rejected due to this reason and your fees will be wasted.
- In case of Anand Marriages ( Marriage ceremony common amongst sikhs), a declaration has to be filed by both the parties and attested by a Gazetted officer/MP/ MLA.
- Registration charges can be paid by both online and offline mode. In few of the registration offices Credit/ Debit swapping machines are available to make the payment offline.
- If a marriage has not yet been solemnized, a different form has to be filed
- As stated above you can register your marriage in the jurisdiction where the marriage has been solemnized, do not forget to carry your marriage hall/ pandal bill along with you as a proof that marriage actually happened at that place.
- Always keep Id proofs, photos of bride, groom and witnesses handy while filling the form.
PROCEDURE OF TATKAL REGISTRATION OF MARRIAGE
In case of any urgency you can register your marriage in a single day with all the documents as mentioned above. Fees for registering marriage under Tatkal service is Rs 10,000/-.
MARRIAGE REGISTRATION FOR MUSLIMS
Muslim couple has to get their marriage registered under Special Marriage Act. Their marriage can be registered within a period of 30 days. Apart from above said requirements they are required to present a nikahnama or certificate from a religious place.
Disclaimer:-The article is intended for the awareness and education of the readers, if any of reader is intended to use above in any legal work, it is advisable that before placing their reliance on it they reconfirm it from the legal experts.
About Author:-Nidhi Jain (CA, B.Com-Hons., CIDT) is Chartered Accountant and Legal Consultant, academically she is highly qualified and have gone through various certifications. She extensively writes and discusses on finance, taxation and legal matters. The author can be reached at email@example.com
Co-Author:- Rajul Jain (CA, MCOM, LLB, MBA, CNPO, CPFA, NCFM) is Chartered Accountant and Legal Consultant, academically he is highly qualified and have gone through various certifications. He extensively speaks and writes on finance, taxation and legal matters. The author can be reached at firstname.lastname@example.org