The marriage certificate is the legal document which is required for having an authorized government record of the marriage. Marriage Certificate helps in legally proving the marriage. It accounts of details like the name of the couple, the date they got married etc. A marriage Certificate becomes a mandatory document because it is compulsory by government law.
Eligibility for getting a marriage Certificate –
- As per the Indian Law couples who are getting married or are married can only avail the marriage certificate.
- The couple applying for the marriage certificate should not come under the degree of prohibited relationships.
- The age of the bride should be 18 years completed and the age of the groom should be 21 years completed.
Laws for Marriage Registration
- Hindu Marriage act 1955
Under the Hindu Marriage act, two Hindu believers can get married. But there is an exception of Buddhists, Jains or Sikhs too, to get married under the same law. Also, the people who have converted to Hindu religion should marry under this law.
- The Indian Christian Marriage act 1872
The Indian Christian Law of Marriage involves the marriage registration of two people of Indian Nationality who follow Christianity as a religion. Christian Marriages are solemnized by the hours of six in the morning or seven in the evening. Though people living in Jammu Kashmir, Cochin, Manipur cannot get married by the Indian Christian Marriage Act.
- Shariat Application act 1937 (Muslim Marriage Act )
The Muslim law of Marriage is known as the Shariat application Act 1937. Two [people of Indian Nationality who follow the Muslim religion can get married under this law. It was established during the time of East India Company and the Muslims enforced the government to not make it like the Hindu marriage act.
- Anand Karaj Marriage cat (Sikh Marriage Act )
The Sikh Marriage Cat is known as the Anand Karaj act 1909. The Sikh Marriage was earlier registered in the Hindu Marriage act but it was until 1909 when the Sikh masses appealed for their marriage law. Further, it was sanctioned for two people who are of Indian nationality and believe in Sikh religion.
- Special marriage Act
The Special Marriage Act is for the masses of India who perform the inter-religion marriage. Special Marriage Act 1954 is the law which works under the Court marriages performed in India. Although it is a special marriage law and allows inter-religion marriage still the age to get married under it is the same. (18 years completed – Bride; 21 years completed – Groom)
Documents required for Marriage Certificate
- Marriage Application form signed by both the parties.
- Valid Proof for Date of Birth of both the parties.
- Valid ID Proof.
- An affidavit is given by both the parties stating the venue of marriage, DOB, Nationality and marital status before marriage.
- Three passport size photographs each along with two marriage photographs.
- Wedding Card
- Two passport size photographs of the witnesses.
- Certificate from the Religious Place if marriage is commenced in a religious place.
- Divorce Decree Certificate ( if any )
- Death Certificate of the previous Spouse ( if any )n
Procedure of applying for Marriage Certificate
- Along with all the documents submitted the application form duly signed by both the parties.
- The documents are meant to be submitted to the Marriage Officer.
- The court will further get the documents and facts verified.
- In the next step, the court will call both the parties along with their witnesses to register the marriage.
- The marriage registration Certificate will be given after the registration.
The procedure of Court Marriage Registration
- Both of the parties who are getting married have to file a notice of Intended Marriage.
- It should make clear that both the parties have lived in India for at least 30 days.
- The notice is then published if not it is invited for the obligations if any are found.
- On the expiry of 30 days marriage registration takes place under the Special act of marriage.
- Both the Parties along with three witnesses have top present at the time of registration in Court.
The procedure of Court Marriage for Foreigner and Indian
- Both the parties who are getting should give written notice to the Marriage Officer of the respective district in which at least one of the parties is living for at least 30 days.
- Verification of documents submitted will take place at the Office Marriage Registrar.
- It will be checked if the law of other nation getting involved in the marriage is not conflicting with the Indian laws.
- The notice regarding the inviting objection of the marriage is issued *( if any )
- If there is no objection then on the expiry of the marriage notice the marriage registration will take place.
- The marriage certificate is further granted by the marriage registrar.