Tuesday, October 2, 2012

Getting Marriage certificate under Hindu Marriage Act 1955

I guess you finally decided to give your marriage the 'legal' touch :-). So, lets quickly get to the process of the same. I will explain to you all the detail related to this. Let me first tell you that I will be talking about registration of marriages which are already solemnized (meaning marriages carried out with proper ceremonies). 

These marriages can be registered under two different type of acts depending on religion husband/wife belong:
- Hindu Marriage Act (Click here to download form) - In case both husband and wife are (or converted to) Hindus, Buddhists, Jains or Sikhs. 
- Special Marriage Act (Click here to download form) - In case husband and/or wife are not Hindus, Buddhists, Jains or Sikhs.


.:Hindu Marriage Act:.


Process goes like this - details of the same will be taken step by step:
1. You need to collect all sort of documents. We will discuss shortly-after which ones.
2. Submit the documents at SDM office, pay fees 100 Rs. and get the date to appear in front of ADM.
3. Appear on the given date at 10:00 AM.
4. Collect the certificate the same day.

Lets list down that what all document you would require at the time of submission and getting date.

Now documents that you would hear or read at government online information site are not generally the complete set - as the guy or madam sitting at SDM place may add few things here and there. I will list out anything and everything that you should take with you so that it only takes one visit to submit the docs - text in italics are my addition on the general list.
  • Documentary evidence of the date of birth of parties (Matriculation Certificate/Passport/Birth Certificate)- Best practice is to take photo copies Matriculation certificate and passport both; I do not know why Birth Certificate is rarely used by people. Take attested photocopy and original.
  • The ration card of the husband or wife in whose area the ADM has been approached for the certificate- Ration card is what is asked in the list but this is basically any address proof that you can show - passport works best, other options are election card, electricity bill, etc.; also I have seen cases where a girl's evidence is discarded saying that you need to go to that area's ADM of which area your husband's residence proof is presentTake attested photocopy and original.
  • Affidavit (click here to download the format/template) by both the parties stating the place and the date of marriage, the dates of birth, marital status at the time of marriage and nationality. This would be notarized offcourse.
  • Two passport sized photographs of both the parties and one marriage photograph- Make sure that marriage photograph do have your faces clear and there are people in background; i.e. you two (husband and wife) are not the only people in the photo. Paste these on a single A4 sheet - have each photo attested.
  • Marriage invitation card, if available- Obviously its better if you have it - If you don't, you can try asking the people you gave to at the time of wedding ;-p
  • If the marriage was solemnized in a religious place, a certificate from the priest who solemnized the marriage is required- Make sure this certificate you carry in original - and it is filled up completely including any sign and serial number field it has. They submit the original copy of the same and not the attested photocopy (but carry the same - do not leave anything that you have)
  • An affirmation that the parties are not related to each other within the prohibited degree of relationship as per the Hindu Marriage Act or the Special Marriage Act as the case may be- this is covered in the affidavit we discussed above.
  • An attested copy of the divorce decree/order in the case of a divorcee and death certificate of spouse in the case of a widow/widower - I guess it is what it is, nothing more to add.
  • In case one of the parties belongs to a religion other than Hinduism, Buddhism, Jainism and Sikhism, a conversion certificate from the priest who solemnized the marriage (in case of the Hindu Marriage Act).
  • Some utility bill (like electricity bill - it can be in husband's name or any of husband's parents name) - this is generally not listed anywhere but they ask for it. Take attested photocopy and original.
  • Witness form duly filled with passport size photograph of both husband and wife and details of witness with his/her sign. This form is available online by the name of identification certificate. When you collect this form from ADM office - it looks a bit different - click here to see that. Photos of husband and wife are to be attached on this form and those will have to be attested by witness only. 
  • All documents excluding the receipt, witness form and affidavit should be attested by a Gazetted Officer - also make sure that officer writes his/her phone number on the attested copies.
In my next post I will continue with the process. Major thing is the gathering of documents, which you have already read above! Gather these and then read the next post here.

2 comments:

Taranjeet Singh said...

Thanks for this informative post but it is silly to know why Buddhists, Jains and Sikhs have to register under the Hindu Marriage act. These 3 are not Hindus.

The government should either call it Indian Marriage Act or allow them to register under Special Marriage act or have a separate act for all faiths. That would be truly being a secular state which India calls itself!

This rant was not for you btw Supi, it was for the government ;)

Unknown said...

I understand and I fully agree with your view on this. You know in fact when I first heard that I need to be registered under Hindu marriage act - I searched for the same in assumption that it will be different act different religion. But found that though name is 'Hindu' - its the same act which is there for several faiths..
Well, am just a victim of lack of knowledge on marriage registration but had my guidance from my brother. So wanted to share that knowledge so that it can be done easily enough!