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Sunil Patil (Engg)     14 April 2011

Marriage registration queries

Hi,

Please help me in the below queries:

1.  Marriage registration waiting period, is it a must? For example is there a procedure by which documents have to be submitted atleast 7 to 30 days in advance?

 

Thanks. 



Learning

 7 Replies

A V Vishal (Advocate)     14 April 2011

THE REPLY TO YOUR QUERY IS YES AND NO. IF YOU ARE UNMARRIED AND WANT TO GET MARRIED BY WAY OF REGISTERED MARRIAGE THEN YES, THE WAITING PERIOD IS 30 DAYS. IF YOU ARE ALREADY MARRIED UNDER THE LOCAL CUSTOMS AND USAGE THEN NO. YOU CAN WALK INTO THE MARRIAGE REGISTRAR'S OFFICE WITH 3 WITNESSES AND THE REQUIRED DOCS AND REGISTER THE MARRIAGE.

rajdev (student)     14 April 2011

I recommend you to get married either in court or in arya samaj mandir

actually if you are married in court then they send notice at home so it would not be beneficial for you

so i recommend you to get married in arya samaj mandir as they provide registered marriage certificate which is legal and valid also

according to hindu marriage act marriage of aya samaj mandir are legal

visit www.aryasamajdelhi.com

for arya samaj mandir online you can visit https://www.aryasamajdelhi.com

Arif Iqbal (Advocate)     15 April 2011

I agree with Mr. Vishal partially. The procedure for solemnisation of a new marriage as well as registration of already solemnised marriage is almost same.... The waiting time is also same - 30 days.

 

Relevant provisions are as follows:

SOLEMNIZATION OF SPECIAL MARRIAGES

Sec 4: Conditions relating to solemnization of special marriages. — Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:

(a) neither party has a spouse living;

(b) neither party — 

(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(iii) has been subject to recurrent attacks of insanity;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;

(d) the parties are not within the degrees of prohibited relationship;

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, not withstanding that they are within the degrees of prohibited relationship; and

 [e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.]

[Explanation — In this section, “customs”, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family;

Provided that no such notification shall be issued in relation to the members of any tribe, community, group of family, unless the State Government is satisfied —

(i) that such rule has been continuously and uniformly observed for a long time among those members;

(ii) that such rule is certain and not unreasonable or opposed to public policy; and

 (iii) that such rule, if applicable only to a family, has not been discontinued by the family.

Sec 5: Notice of intended marriage — When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS

Sec 15:  Registration of marriages celebrated in other forms. — Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872, (III of 1872) or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:

(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;

(b) neither party has at the time of registration more than one spouse living;

 (c) neither party is an idiot or a lunatic at the time of registration;
(d) the parties have completed the age of twenty-one years at the time of registration;

(e) the parties are not within the degrees of prohibited relationship;

Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and

(f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

Sec 16: Procedure for registration. — Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in Section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

Sunil Patil (Engg)     17 April 2011

Thank you Raj, Vishal and Arif (very detailed). All inputs highly appreciated.

Arup (UNEMPLOYED)     18 April 2011

 is it a must?   ---   YES.

Sunil Patil (Engg)     18 April 2011

Thanks Arup

sandeep verma (advocate)     16 June 2011

if  your marriage is already been solemnized according to vedic rites or traditonally or in arya samaj then you need not to wait for 30 dyas you can get your marriage registered in 1-2 days..

Documents required for the Performance & Registration of court Marriage are as follows...

1. Passport Size Photographs - four each of Marrying Persons.
2. Residential Proof (Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.
3. Date of Birth Proof (Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of Marrying Persons).
4.If any party is divorcee  Certified copy of Decree of Divorce granted by the Court.
5. If any party is widow / widower  Death Certificate of the dead spouse.

6. If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address - Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.
7. Two Witnesses ( Both should be major ).

FOR  MORE  DETAILS  CONTACT  ADV. SANDEEP @ 9818673748.


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