Rules for Register Marriage in India | Adv Shubhangi More | 9892783812

Marriage is a sacred union that binds two individuals in love and commitment. In India, the legal aspect of marriage is as crucial as the emotional one. Registering a marriage not only provides legal recognition to the union but also offers various benefits and rights to the couple. In this blog, we will explore the essential rules and procedures for registering a marriage in India.Marriages in India can be officially registered through either the Hindu Marriage Act of 1955 or the Special Marriage Act of 1954. The Special Marriage Act applies to individuals of any religion, caste, or creed, while the Hindu Marriage Act governs marriages among Hindus in India. Both acts provide a legal framework for the registration process and establish the rights and obligations of the couple.Under the Special Marriage Act, the first step is to submit a 'Notice of Intended Marriage' to the Marriage Registrar of the district where either of the parties has resided for at least 30 days preceding the date of the notice. The notice is a public declaration of the couple's intention to marry, and it is displayed on the notice board for 30 days. During the 30-day notice period, any person can file objections to the marriage. If the Marriage Registrar receives objections, they will investigate the matter. If no objections are raised, or if the objections are dismissed after investigation, the marriage can proceed. Once the notice period is complete, and there are no valid objections, the couple can proceed to solemnize the marriage. They need to submit a 'Marriage Declaration' along with relevant documents to the Marriage Registrar. During the solemnization of the marriage, the presence of three witnesses is required. After the solemnization of the marriage, the Marriage Registrar issues the Marriage Certificate, which is a legal proof of marriage and is essential for various purposes, including obtaining a passport, changing surname, etc.Under the Hindu Marriage Act, couples can voluntarily register their marriage. The registration is usually done at the office of the Sub-Divisional Magistrate or a District Magistrate within whose jurisdiction the marriage took place or where either of the spouses resides. The parties involved need to apply jointly to the Marriage Officer in the prescribed form. The application should be accompanied by a declaration of marriage and the necessary documents. The presence of three witnesses is required during the registration process.In conclusion, registering a marriage in India is a crucial step that provides legal recognition and various benefits to the couple. The Special Marriage Act and the Hindu Marriage Act provide a comprehensive framework for registering marriages in India. Couples must be aware of the specific rules and provisions outlined in these acts to ensure a legally binding commitment.