How to get marriage registered?
This is one of the queries which I receive as a
budding lawyers and people are generally misguided by touts who often demand an
huge amount in getting marriage
registered which is such a simple procedure that anyone can themselves do
without any problem. There is the procedure in a simplified version for all
those wanting to get their marriage registered:
1)
Where to go ?
To the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 p.m. on any working day.Click Here to obtain the contact address of the SDM in whose jurisdiction in your colony lies.
2)
Which papers/documents/fees, do I take with
me?
1
Application form duly signed by both
husband and wife.
2
Documentary evidence of date of birth
of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum
age of both parties is 21 years at the time of registration under the Special
Marriage Act.
3
Ration card of husband or wife whose
area SDM has been approached for the certificate.
4
In case of Special Marriage Act,
documentary evidence regarding stay in Delhi of the parties for more than 30
days (ration card or report from the concerned SHO).
5
Affidavit by both the parties stating
place and date of marriage, date of birth, marital status at the time of
marriage and nationality.
6
Two passport size photographs of both
the parties and one marriage photograph.
7
Marriage invitation card, if available.
8
If marriage was solemnized in a
religious place, a certificate from the priest is required who solemnized the
marriage.
9
Rs. 100/- in case of Hindu Marriage Act
and Rs.150/- in case of Special Marriage Act to be deposited with the cashier
of District and the receipt should be attached with the application form.
10
Affirmation that the parties are not
related to each other within the prohibited degree of relationship as per Hindu
Marriage Act or Special Marriage Act as the case may be.
11
Attested copy of divorce decree/order
in case of a divorcee and death certificate of spouse in case of widow/widower.
12
In case one of the parties belong to
other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate
from the priest who solemnized the marriage(in case of Hindu Marriage Act).
13
All documents excluding receipt should
be attested by a Gazetted Officer.
3) What will be the criteria used while deciding my
case?
A) Hindu Marriage Act
Verification
of all the documents is carried out on the date of application and a day is
fixed and communicated to the parties for registration. On the said day, both
parties, alongwith a Gazetted Officer who attended their marriage, need to be
present before the SDM. The Certificate is issued on the same day.
B) Special Marriage Act
Both parties are
required to be present after submission of documents for issuance of public
notice inviting objections. One copy of notice is pasted on the notice board of
the office and copy of the notice is sent by registered post to both parties as
per address given by them. Registration is done 30 days after the date of
notice after deciding any objection that may have been received during that
period by the SDM. Both parties along with three witnesses are required to be
present on the date of registration.
4) What are the relevant Forms?
Click here for Application Form for
registration of marriage under Hindu Marriage Act.
Click here for Application Form for registration of marriage under Special Marriage Act.
Click here for Identification Certificate a)any person having PAN of income Tax (OR) b) any officer/official of Central or State govt. or UT Administration or PSU/Autonomous bodies whose identity can be established
Click here for Affidavit
Click here for Application Form for registration of marriage under Special Marriage Act.
Click here for Identification Certificate a)any person having PAN of income Tax (OR) b) any officer/official of Central or State govt. or UT Administration or PSU/Autonomous bodies whose identity can be established
Click here for Affidavit
Q. When will I get a response?
You should be getting
a response normally within 15 days in case of registration of marriage under
Hindu Marriage Act and 60 days under Special Marriage Act.
Special Marriage Act,
1954 provides for solemnisation of marriages in accordance with the provisions
of the Act. SDMs/ADMs/Deputy Commissioners have been authorised as Marriage
Officers for this purpose.
Q. Where do I have to go and during which hours?
To the office of
Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife
resides, during 9.30 a.m. to 1.00 Noon on any working day. Click Here to obtain the contact address of the SDM in whose
jurisdiction in your colony lies.
Q. Which papers/documents/fees, do I take with me?
- Application form duly filled and
signed by the bride and the groom.
- Fee of Rs.15/- is to be deposited
with cashier of District and the receipt should be attached with the form.
- Documentary evidence of date of
birth of both parties (Matriculation Certificate/Passport/Birth
Certificate).
- Documentary evidence regarding
stay in Delhi of one of the parties for more than 30 days (ration card or
report from the concerned SHO).
- Separate affidavits from bride and
groom giving:
- Date of birth.
- Present marital status:
unmarried/widower/ divorcee.
- Affirmation that the parties are
not related to each other within the degree of prohibited relationship
defined in the Special Marriage Act.
- Passport size photographs of both
parties (2 copies each) duly attested by a Gazetted Officer.
- Copy of divorce decree/order in
case of a divorcee and death certificate of spouse in case of
widow/widower.
Q. What will be the criteria used while deciding my case?
For solemnization of
marriage, presence of both parties is required after submission of documents of
issuance of notice of intended marriage. A copy of the notice is pasted on the
office notice board by the SDM. Any person may within 30 days of issue of
notice , file objection to the intended marriages. In such a case, the SDM
shall not solemnise the marriage until he has decided the objection, within 30
days of its receipt. If the SDM refuses to solemnise the marriage, any of the
parties may file an appeal within 30 days to the District Court. In case no
objection is received, the SDM solemnises the marriage after 30 days of the
notice. Both parties alongwith 3 witnesses are required to be present on the
date of solemnisation of marriage. It is advisable to submit names of witnesses
atleast one day in advance.
Q. What are the relevant Forms?
Click here for relevant Form
Q. When will I get a response?
You should be getting
a response normally within 60 days.
source : http://delhi.gov.in/wps/wcm/connect/DoIT/delhi+govt/community/marriage+certificate+and+registration
The author is a lawyer practicing in the Delhi High Court and other courts of Delhi and can be contacted at lawyer.soniasaini@gmail.com or 9873658554
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