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Amit The PhD (Social Media)     17 July 2021

Location of Marriage Registration.

I and my partner want to register our marriage, few months before our social marriage. I am currently in Mumbai from last 2 years, she is woking in Pune since last 5months, however we are permanent resident of Nagpur (on-paper).
Due to Covid restrictions, we are planning to register in either in Pune or in Mumbai.
Is it possible?
I heard a rule that, one of the party should be from the place where you register a marriage.
Please clear.

Thanks


 6 Replies

Adv. Morzaria (Advocate )     17 July 2021

Marriage registration procedure can be initiated in :-

Ward office in whose jurisdiction Husband resides.

Ward office in whose jurisdiction Wife resides.

Ward office in whose jurisdiction marriage solemnized.

BHAVYA SOM GARG   17 July 2021

First of all, heartiest congratulations to you and your partner. Secondly, yes it is correct that one should get one’s marriage registered where they are located. But it is not the complete thing. There are two aspects: marriages solemnized under Hindu law can be registered by the sub-registrar under whose jurisdiction the marriage has been solemnized, or where either of the bride or groom resides for a period of more than 6 months. So if you are getting married under Hindu law, you can get your marriage registered where your marriage takes place, or in Mumbai but not in Pune since your wife has resided there only for a period of 5 months which is less than the required period of 6 months.

But if you are getting married under the Special Marriage Act, you can get your marriage registered either in Mumbai or Pune as under this Act, marriage can be registered where either the bride or groom resides but not where the marriage takes place, since under this Act, marriage is solemnized only after it’s registration.

Nowadays, marriages can be registered online as well. The couple can fill the form at the website of the state in which their marriage has taken place. Then on a specified date, the Registrar of the area would call the couple to verify their documents, alongwith witnesses and register the marriage.

Hope this satisfies your query.

Dr J C Vashista (Lawyer)     18 July 2021

Well analysed and advised by experts, I endorse and appreciate.

You may get the marriage registered where you have documents to prove marriage solemnization or residence of either of you.

Best wishes 

G.L.N. Prasad (Retired employee.)     18 July 2021

Proceed to ARYASAMAJ MANDIR, SOCIETY, they can perform the marriage and also empowered to issue such certificate. (if you are from Hindu Community).  The process is simple and they are experts in giving procedural guidance. 

Doveson (advocate)     19 July 2021

from your query, its apparent that you are not yet married and want to register your marriage before the ceremony. as you said you reside in mumbai; you would be having the leave and licence agreement or the rent agreement of the place where you are staying. use that as your address proof and you can get married in mumbai. 

Kevin Moses Paul   25 July 2021

As per your query, let me inform you that the Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs, or where they have converted into any of these religions.

The initial or first major step in a marriage registration process is to apply to the Sub-registrar under WHOSE JURISDICTION the MARRIAGE has been SOLEMNIZED, or EITHER PARTY to The MARRIAGE has been RESIDING.

Both partners will need to fill in the Application Form, sign it and submit it along with two photographs of the marriage ceremonies, invitation card of marriage, age and address proof of both parties, affidavit of Notary/Executive Magistrate to prove that the couple is married under Hindu Marriage Act 1955, fit mental condition and proof of non-relationship between the parties within the degree of prohibition.


All the documents should be attested by a Gazetted Officer and the parties will have to deposit a fee with the cashier at the sub-registrar and attach the receipt with the Application Form. Once the application has been submitted and the documents verified, the concerned officer will assign a date of registration when the marriage certificate document will be issued.

Under the Hindu Marriage Act, 1955, certain conditions have to be fulfilled to consider the marriage between the parties legal and valid. These conditions have been specified under Sec. 5 and sec. 7 of the Act. Under section 5 of the Hindu Marriage Act 1955, a marriage is considered valid only if both the parties to the marriage are Hindus. If either of the party to the marriage is a Muslim or a Christian, then the marriage will not be a valid Hindu marriage.

Thus, as stated above in the first para it is requisite that one of the party should belong from the place where the marriage is to be solemnised.

Hope It Helps

Regards
Kevin M. Paul

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