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Karan (NA)     03 October 2012

Marriage registration for nri

I need some clarification regarding the marriage registration in Mohali(Punjab).

 

We are having a religious ceremony at Gurudwara and I'll be staying in India for 2 weeks only after the wedding. In order to get the marriage register, does the 30 days condition applies in our case?


I am a Canadian citizen and my wife is Indian. It will be very hard for me to back to India after 30 days in order to get the marriage certificate.

 

Can someone please let me know if there are any other alternatives or what’s the exact procedure.



 5 Replies

Tajobsindia (Senior Partner )     03 October 2012

1. Marriage Registration is made compulsory. The time limit to Register marriage is 1 year based on various State's Amendments.
2. Come back to India within 1 year with more time in hand for Registration Certificate and just before coming back request bride side to ship to you
HMA Marriage Registration Form and fill them up and get Diplomatic Oath annexed back home and return back to them so that filing process can take place and once you come back joint appearance with two witnesses before Marriage Registrar with wife is dispensed with and that is how you can have Marriage Registration Certificate in hand. 

Karan (NA)     03 October 2012

Thanks for the info.. But what I really want to know is that does the 30 day wait limit(after filing for marriage certificate) applies to all cases including relegious wedding? What I have read so far is that the 30 days notice thing applies to wedding done through special marriage act. Is this correct?

Tajobsindia (Senior Partner )     03 October 2012

You are absolutely right what you heard. However I nowhere mentioned SMA or 30 days infact I erred not reading that you said you have 2 weeks time in hand !

However, here is what the procedure under HMA in Mohali (Punjab) are all about including the Form for Registration of Marriage with Schedule C and D annexed in PDF format with our clarification reply;

Eligibility Conditions:-

- Marriage solemnized already are registered under the Hindu Marriage Act, 1955.

- Either Bride or Bridegroom must be resident of the Tehsil in which the marriage is to be Registered.

- At the time of Marriage the Bridegroom must have completed the age of 21 years and Bride the age of 18 years.

- Both must be Hindus.

 

Procedure:-

At the time of Registration of Marriage, the applicant submits an application in prescribed form Stamped with requisite Court Fees. This Marriage is Registered under the Hindu Marriage Act, 1955 on the identification of village numberdar.

 

Check List of Documents:-

- Application on Prescribed Proforma

- Proof of Age of Bride and Bridegroom

- Statement of Bride-Bridegroom and their Parents.

- Schedule C and D

 

Verification Procedure:-

- Certificate in Support of Age

- Marriage Ceremony Photographs

- Marriage Card or Any Other Proof in support of Marriage solemnized.

 

Prescribed Time Schedule:-

- No time limit is specified for Marriage Registration. Registration is possible immediately after the above Formalities are completed.

 

Addresses of Concerned Officers:-

Tehsildar-cum-Registrar of Marriages

 

Sanctioning Authority:-

Tehsildar-cum-Registrar of Marriages

 

Grievance Redressal System:-

D.C. Cum Marriage Officer

[Thanks for pointing my error]


Attached File : 525981598 marriage registration form.pdf downloaded: 312 times

Karan (NA)     04 October 2012

Thanks a lot for the detailed info and I really apprecieate it.

I was told by someone that 30 days notice period rule applies to all marriages(any act) when one of the partner is non Indian. It did not make sense to me and thanks to you, I now know the exact procedure.


Can you please let me know what forms I need in order to register marriage under Anand Marriage act. I dont think Schedule C and D can be used under AMA as well.

 

Thanks

 

Karan

Tajobsindia (Senior Partner )     04 October 2012

Originally posted by : Karan
  Can you please let me know what forms I need in order to register marriage under Anand Marriage act. I dont think Schedule C and D can be used under AMA as well.
 
 


1.
Where ever the Anand Karaj took place they have been authorized to issue Certificate of Marriage to newly wed Sikh couples.


2.
There is no Form / Schedule as such prescribed by Dharam Prachar or under Sikh Reht Maryada that was issued by SGPC.

 

3. Only two PP of couples required. The PP will get affixed at the Register kept and maintained at various Gurudwaras across India and it is said many Gurudwaras have already printed on their Letter Head the Certificate of Registration under Anand Mareriage (Amendment) Act, 2012. They will issue one on the spot asked Certificate of Marriage under AMA.

 

In a recent verdict of the Sri Akaal Takht Sahib, i.e. a Hukumnama, Anand Karaj can only take place in a Gurudwara which is a controversial Hukumnama which I donot want to discuss right now as it is nothing new what Central Govt. did for Sikh community vis-a-vis Personal Laws of other religious communities in India as other communities have one of their own.

Whenever, we talk about the law relating to marriage and divorce applicable to particular religious community, generally the Act is divided into 4 parts. First part normally deals with the conditions of marriage like rule of monogamy, age of bride and bridegroom, mental state of parties to marriages and prohibited degree of relationships. Besides this, the provisions regarding ceremonies and registration of marriages are also stated therein. The second part of the Act mainly deals with the substantive reliefs like restitution of conjugal rights, judicial separation, void or voidable marriages and divorce. The third part deals with the jurisdiction and procedures. The fourth part deals with the provisions regarding custody of children, maintenance, property etc. All the present Acts applicable to Christians, Parsi and Hindus contains the provisions as aforesaid.


​Now, if we look into the above mentioned provisions of the Anand Marriage Act, it did not contain any of the required parts stated in above paragraph. The Amendment, 2012 which has been recommended by the Union Cabinet is confined only to the ‘registration of marriage’. If we see the reality from the legal perspective, the question of registration of marriages under Anand Marriage Act will not lead to any significant development regarding the demand for independent law of marriage and divorce for the Sikh community, you will be still covered under Hindu Marriage Act literally.
 


However if you want my professional views on your choice of Registration of Marriage then it is still better to Register under Hindu Marriage Act which I will recommend for all its current practical purposes especially overseas travel document preparation purposes for the bride as this Amendment 2012 is very very new Central legislative step and to once surprise many State Governments have not even implemented it and even Punjab Govt. has though welcomed it but not yet implemented by State Gazette Notification nor Secretary, Dharam Prachar has issued "Circular" till date to all its controlled Gurudwaras.


Be it so opening three paras are the reply to your main question and one may omit reading rest critical analysis paras stated herein.

You = generic used


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