Marriage Certificate in IndoreMarriage Certificate is an important document recognized as proof of marriage or registration of marriage. The necessity of Marriage Certificate arises to prove legal married status of a person. It is an obligatory and effective tool for proving marriage and it also cuts many problems that come after the marriage. It is required for obtaining certain legal documents and even in acquiring passports, or changing your maiden name, and other such legal papers. In some parts of India, it is mandatory to have marriage certificate but still there are lot of people who do not know the exact purpose and procedure to obtain such legal documents. So here are the complete details of marriage act and procedure to register under it for city of Indore.
Legal Framework for Court Marriage in IndoreIn Indore, there are two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954 under which a marriage can be registered. The fundamental eligibility for marriage is age. The minimum age limit for male is 21 and 18 years for females. The desiring parties of marriage should either unmarried, divorced, or previously married earlier; the spouse should not be alive. Additionally, both parties should be physically and mentally sound and they should not be related in a way prohibited by the statutory law.
There are two acts under which marriage can be performed. First the Hindu Marriage Act which is applicable to the Hindus, Jain, Sikh, and Buddhists or converted in to either of these religion. The Special Marriage Act is applied for all other religion in which either groom, bride or both are of other religious conviction.
The Hindu Marriage Act 1955The Hindu Marriage Act provides for registration of an already solemnized marriage or those about to solemnize can also apply for registration under Hindu Marriage Act 1955. It does not provide for solemnization of a marriage by the Registrar but it is effective for registering marriages which are solemnized as Hindu, Sikh, Jain, and Buddhist traditions.
Either of Husband of Wife should be residing in the limits of Indore registrar in whose jurisdiction marriage is going to be registered. In this case, both the persons have to appear before the Registrar along with their witnesses within 1 month from the date of marriage. There are some exemptions under the provision for condemnation for the delay up to 5 years. This will be at the sole discretion of Registrar and after 5 years it will be a concerned matter of district Registrar.
Documents required for registration under Hindu marriage act 1955
- Application form of marriage registration signed by both parties
- Evidential documents regarding date of birth of parties in form of any of these documents like Matriculation Certificate/ Passport/ Birth Certificate
- Ration card of either parties whose area SDM has been approached for the marriage certificate. If both are of same area then both can submit their ration card.
- Affidavit stating place and date of marriage, their respective date of birth, marital status at the time of marriage and nationality by both the husband and wife
- One marriage photograph and two passport size photographs of both.
- Marriage invitation card (optional)
- Certificate from the priest is required who solemnized their marriage if marriage was carried out in a religious location.
- Declaration/ Affirmation that both parties are not related to each other in any prohibited degree of relationship as per Hindu Marriage Act.
- A conversation certificate must be submitted if one of them belongs to other than Hindu, Buddhist, Jain and Sikh religions.
On the date of application for marriage certificate, verification of documents presented by the applicants is done and day for registration is fixed. The applicants or parties to this registration are expected to be present before SDM with a Gazetted officer who attended that marriage. Under Hindu Marriage Act, the marriage certificate is issued either the same day or within some days.
Procedure of registration under Hindu Marriage Act in Indore
For applicants belonging to categories other than Hindu, Sikh, Buddhist, and Jain, this Act was incorporated. They have to apply for certificate to the registrar under whose jurisdiction, their marriage was solemnized. This Act has provisions for solemnization and registration of such marriage by a Marriage Officer.
Special Marriage Act 1954
Documents required under Special Marriage Act 1954 for registration
- Application form accordingly signed by both parties referring to Husband and Wife
- Proof of date of Birth from both the parties is required which may include their Matriculation Certificate/ Birth Certificate/ Passport. Under Special Marriage Act/ Hindu Marriage Act, minimum age of marriage for males is fixed at 21 years while it is 18 years for females.
- An affirmation is to be submitted by both parties for date of marriage, marital status at the time of their marriage, nationality, and respective date of birth.
- One photograph of marriage and three passport size photographs of both the parties
- Marriage invitation card is required.
- For marriage taking place in a religious place, certificate from priest is also needed.
- An affidavit stating that these parties are not related in a prohibited relationship according to this act
- The divorcees are required to submit an attested copy of divorce decree or order while widow/ widower have to give death certificate of their spouse.
Documents required under Special Marriage Act for Court marriage
- Application form / Notice duly filled and signed by both parties.
- Date of Birth proof of both parties like Matriculation Certificate/ Birth Certificate/ Passport.
- Separate affidavits from both the bride and groom stating their present marital status, citizenship, their intent to marry, and affirmation that they are not in any prohibited relationship stated in this act.
- Three passport size photographs of both parties which must be duly attested by a Gazetted Officer should be given.
- Copy of divorce order must be submitted by a divorcee and death certificate of spouse by widow/widower.
Procedure under Special Marriage Act 1954At least one of the parties to marriage must have resided for a period exceeding 30 days in the area under jurisdiction of Marriage officer to whom notice is given by them. If any one of the parties resides in another area, one copy of notice must be sent to the respective Marriage Officer for publication of this notice. Marriage can be solemnized only after one month from publication of notice if no objections are received.
In case of any objection raised, decision to allow or deny this marriage vests with Marriage Officer. Registration is allowed to be done only after solemnization of marriage. If a marriage is already solemnized, its registration can also be done under Special Marriage Act 1954 after issuing a 30 days public notice. The parties to marriage must have attained their minimum age as stated above for marrying.