How to Register a Marriage in India
How to register a marriage in India!
When a marriage remains a personal affair and when it is built on love and affection, it is a less risky business.But when monetary considerations play a crucial role in a marriage,fetching considerable income to the bridegrooms,it becomes a costly affair and a source of earning income.Naturally some unscrupulous elements begin to exploit the situation by committing frauds upon their marriages thereby creating hapless victims.Some of them even go to the extent of getting married as many times as possible without revealing their marital status to any of them.Some of them,after getting married simply leave their spouses in India on the pretext of going abroad to earn more and more money.When they have more money in the abroad,they simply fall into a web of oblivion totally neglecting their spouses at home and finding and getting married with a new partner there.In the process, they entirely conceal their first marriage.Thus marriages become a pass time and of course a very risky business.
Realizing the gravity of the situation and in order to effectively put a check against such frauds,the Government of India has come up with a very useful legislation, the compulsory registration of marriages in India act, 2009, by which it was enjoined that all marriages in India are compulsorily registrable.
This registration can be classified into two types.
1)Registering a marriage that was already held.
2)Registering a marriage of the couple who get married at the register office.
1)Registering a marriage that was already held:
All arranged marriages that are solemnized elsewhere, say in a marriage hall or in a temple, must be registered compulsorily within 90 days from the date of marriage in the office of the sub-registrar within whose jurisdiction the marriage takes place.If you fail to register the marriage within the stipulated 90 days, you can get it registered within next 60 days on payment of additional charges.The age of the bridegroom and the bride who get married should not be less than 21 and 18 years of age respectively.The newly married couple must submit the following particulars to the sub-registrar: the signature of the officiating priest who conducted the marriage along with three witnesses, besides submitting the proof for marriage, i.e a copy of the marriage invitation, or a copy of the receipt issued by the temple, in the case of a marriage that took place in a temple,proof of residence, age proof: a birth certificate or a school or college transfer certificate and must pay Rs 100/- towards registration charge.
The applicants should also submit the addresses of the witnesses and their proof.If the sub-registrar is satisfied with the particulars and all other documents submitted by the applicants, then he may proceed to issue a marriage registration certificate within a couple of days.If the particulars furnished are defective, the sub-registrar may return the application to the applicants directing them to resubmit the application after duly complying with his directions.Even after resubmission of your application, if the sub-registrar returns your application refusing to register your marriage,then you may have to prefer an appeal to the District Registrar within 30 days from the date of return of your application by the sub-registrar.
The above method is applicable if the newly married couple belong to Hindu religion; in the case of couple who belong to different religions, they should also follow the same procedure mentioned above.If you fail to register a marriage you may have to pay a fine of Rs 1,000/-.
2)Registering a marriage of the couple who get married at the register office:
A sub-registrar also registers a marriage that takes place in his presence at the register office.Such marriages are conducted under a separate marriage law, rules and regulations.Any two persons who satisfy the provisions of the act, rules and regulations may get their marriage duly registered, in the office of the sub-registrar within whose jurisdiction either the bridegroom or the bride resides.However, any two persons who propose to get married should give a one month notice to the sub-registrar by duly submitting application in which they should affix their photos also.The sub-registrar will notify it in the notice board of his office.
If the sub-registrar does not receive any objections within the period of one month, the applicants may then get married within three months.But they should along with three witnesses solemnly take oath in the presence of the sub-registrar and duly sign the marriage register.On payment of a registration fee of Rs 10/ and by merely signing in the marriage register by the bridegroom and the bride connotes the completion and registration of their marriage.The identity and address proof of the witnesses must also be submitted in advance along with their marriage application.
Thus the compulsory registration of a marriage, by creating a permanent record for the newly married couple safeguards them from future uncertainties by serving and providing a legal proof of their marriage, besides preventing unscrupulous people from committing frauds.