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