Marriage Registration Office Delhi 18001200644

Marriage Registration Office Delhi

Marriage Registration Office Delhi.The Special Marriage Act is applicable to all citizens of India. Any person, irrespective of religion can solemnise and register their marriage under the Special Marriage Act, 1954. The persons intending to register their marriage under this Act have to give notice thereof in writing in specified forms to the concerned marriage officer, in whose jurisdiction at least one of the parties to the marriage have resided for a period of not less than 30 days immediately preceding the date on which notice is given.

A copy of the notice is affixed on the notice board of the registration office and a copy of the notice is sent to the marriage officer of the area where either of the parties having present/permanent addresses for similar publication. After the expiration of one month from the date of publication of the notice, if no objections are received the marriage may be solemnized. In case of objection the marriage officer conducts an enquiry and the marriage is solemnised after the enquiry concludes.

On the day of solemnisation, three witnesses are required plus basic identification documents which include proof of age and address of both parties, affidavit with regard to these as well marital status, fit mental condition, non-relationship between the parties within the degree of prohibition, passport size photographs and with three witnesses to finally solemnise the marriage. After that, the couple may apply to have their marriage registered and get an official marriage certificate from the registrar.

The Special Marriage Act, deals with both registrations and solemnization of marriage. Under this Act, there are certain conditions that have been laid down under Sec. 4, which are considerably similar to those laid down under Sec. 5 of the Hindu Marriage Act, 1954.

According to this act, no religious ceremonies are a prerequisite for a marriage to be complete.

This Act lays down the following conditions for a marriage to be regarded as a lawful one, having legal standing, by the virtue of Sec. 4:

• Neither of the party should have a spouse living at the time of the marriage
• The physical and mental capacity of the both the parties must be as per the section requires.
• The age of the parties i.e. the female has completed the age of eighteen and the male has complete the age of twenty one.
• The parties aren’t within the degree of prohibited relationship provided that custom governing one of the parties permits such a marriage between them.

A marriage in violation of any of the above conditions will stand null and void under the Special Marriage Act, 1954. For the Hindus, Jains, Buddhists and Sikhs marrying within these four communities, the Special Marriage Act 1954 is an alternative to the Hindu Marriage Act 1955.Marriage Registration Office Delhi.

Marriage Registration Office Delhi.The Supreme Court of India, in 2006, made it mandatory to register all marriages. In India, a marriage can either be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable to Hindus, whereas the Special Marriage Act is applicable to all citizens of India irrespective of their religion. The Hindu Marriage Act provides for registration of an already solemnised marriage, and does not provide for solemnisation of a marriage by a Marriage Registrar. However, the Special Marriage Act provides for solemnisation of a marriage as well as registration by a Marriage Officer. To be eligible for marriage in India, the minimum age is 21 years for males and 18 years for females.

Registration under Hindu Marriage Act, 1955

The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs, or where they have converted into any of these religions. The first step in this process is to apply to the sub-registrar under whose jurisdiction the marriage has been solemnised, or either party to the marriage has been residing.

Both partners will need to fill in the Application Form, sign it and submit it along with two photographs of the marriage ceremonies, invitation card of marriage, age and address proof of both parties, affidavit of Notary/Executive Magistrate to prove that the couple is married under Hindu Marriage Act 1955, fit mental condition and proof of non-relationship between the parties within the degree of prohibition.

All the documents should be attested by a Gazetted Officer and the parties will have to deposit a fee with the cashier at the sub-registrar and attach the receipt with the Application Form. Once the application has been submitted and the documents verified, the concerned officer will assign a date of registration when the marriage certificate will be issued.

Under the Hindu marriage Act, 1955, certain conditions have to be fulfilled in order to consider the marriage between the parties legal and valid. These conditions have been specified under Sec. 5 and sec. 7 of the Act. By virtue of section 5 of the Hindu Marriage Act 1955, a marriage is considered valid only if both the parties to the marriage are Hindus. If either of the party to the marriage is a Muslim or a Christian, then the marriage will not be a valid Hindu marriage.Marriage Registration Office Delhi.

A marriage can be solemnized between any two Hindus if the following conditions are fulfilled, namely:

• If neither party has a spouse living at the time of the marriage,
• If neither party is incapable of giving a valid consent to it in the consequence of unsoundness of mind,
• Though capable of giving a valid consent, neither of them has been suffering from any mental disorder  or to such an extent as to be unfit for marriage and the procreation of children,
• If neither of them has been subject to recurrent attacks of insanity or epilepsy.
• The bride has completed the age of 18 years and the bridegroom the age of 21 years at the time of marriage,
•  The parties aren’t  within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two,
• The parties are not a lineal ascendant of the other (sapindas), unless the custom or usage governing each of them permits of a marriage between the two.

Degree of prohibited relationship– Two individuals are said to be covered under the degrees of prohibited relationship –

• If one of them is the lineal ascendant of the other,
• If one was the husband or wife of lineal ascendant or descendant of the other,
• If one of them was wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other,
• If they are brother and sister, aunt and nephew, uncle and niece, or children of brother and sister or of two brothers or of two sisters.

A marriage falling within the above categories will be considered void.

Exception: The customs play an important role here i.e.  If there is a custom governing the parties, they may marry even if they fall under the degrees of prohibited relationship.

Punishment:  A marriage which is solemnized between the parties within the degrees of prohibited relationship is considered null and void.

The parties of such a marriage are liable to be punished with a simple imprisonment for a period of one month or fine or Rs. 10000/- or with both.

Solemnization in Hindu Marriage

The Hindu Marriage Act, 1955 deals with ceremonies to be followed in a Hindu marriage, by the virtue of Sec. 7. The provision states that a Hindu marriage can be solemnized in accordance with customary rites and ceremonies of either of the parties.

Marriage Registration Office Delhi.