There are two statutes that deal with the registration of marriage in India. These are:
(i) The Special Marriage Act, 1954
(ii) The Hindu Marriage Act, 1955
If the parties to the marriage are both Hindus, and the conditions for a Hindu Marriage[i] have been satisfied, their marriage would be governed by the Hindu Marriage Act, 1955. The Special Marriage Act, 1955 shall be applicable in other cases.
Presuming that both the parties to the marriage are Hindus, we shall now deliberate upon how their marriage can be registered. The Hindu Marriage Act under Section 8[ii] provides for the registration of marriage. This registration is done for the purposes of obtaining a marriage certificate which aids in proving that the parties are legally married to one another. It further helps in obtaining important official documents, etc.
The Supreme Court in various cases has strongly recommended for registration. However, it ought to be noted that the Act does not make the registration of marriage compulsory as it specifically provides that the validity of any Hindu marriage shall not be affected because of the said reason.
PROCEDURE TO BE FOLLOWED
- For an application under the Hindu Marriage Act, 1955, the application has to be made to the Registrar in whose jurisdiction the marriage was solemnized or in whose jurisdiction either party to the marriage had been residing at least for six months immediately preceding the date of marriage.
- Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage.
- Delay up to 5 years can be condoned by the Registrar and thereafter by the concerned District Registrar.
- If the application is to be filed in say, Maharashtra, where the marriage between the parties was solemnized, the application has to be filed in accordance with the provisions of the Bombay Registration of Marriages Act, 1953. A memorandum of marriage has to be prepared and signed in the form in the Schedule to the Act.
- This memorandum shall also be signed by the priest who officiated the marriage.
- The memorandum shall then be delivered or sent by registered post, in duplicate, to the Registrar of Marriages of the area, accompanied by such fee as prescribed.
- On receipt of such memorandum the Registrar of Marriages shall file the same in the register and send the duplicate copy to the Registrar-General.
- If an application for registration has not been made within a period of 30 days from the date of the marriage, and there has been a willful omission or neglect to deliver or send the memorandum, a fine which may extend to Rs. 200 may be imposed[iii].
- Fee: A fixed fee of Rs.50 is charged (in the form of court fee stamp) for registering the marriage along with a registration fee of Re. 1 (if the memorandum is submitted within 30 days of marriage). It is Rs. 3 if the memorandum is submitted within 30 to 90 days of marriage and Rs.5 if the memorandum is submitted after 120 days of marriage.
The memorandum is then pasted in the marriage paste book.
Note: Wherever marriage office is absent, the Joint District Registrar performs the function of the marriage officer.[iv]
[i] Section 5 – Conditions for a Hindu marriage
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely-
(i) neither party has a spouse living at the time of the marriage;
[(ii) at the time of the marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) 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
(c) has been subject to recurrent attacks of insanity 2 [***];]
(iii) the bridegroom has completed the age of 3[twenty-one years] and the bride, the age of 4 [eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
[***]
[ii] Section 8 – Registration of Hindu marriages
(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.
[iii] As per Section 8 of the Act
[iv] Available at http://igrmaharashtra.gov.in/FaqMerriage.aspx, last visited on 27 May, 2013