Q. Presently I am residing in Bangalore. It is essential for me to submit the marriage certificate to get passport. What are the procedures to be followed to get the marriage certificate? Whether obtaining marriage certificate is compulsory under law?
As the proverb says that marriages are made in heaven, nowadays we need a proof to prove that we are married. Thus marriage certificate comes to the rescue here. Marriage certificate is a valid proof that proves a marriage has happened between two persons. It is very much necessary to all married ladies for applying for passport, visa in another country, claiming bank FD’s or insurance benefits when her spouse dies without a nomination.
Karnataka State Government has made an attempt to make marriage registration compulsory within the state. Most of the marriages are conducted under personal law rites and rituals and laws like Hindu Marriage Act 1955 or Special Marriage act 1954 apply. Except these four states like Maharashtra, Gujarat, Karnataka, Himachal Pradesh there are no such law to provide for compulsory registration of marriages in the country. Application fee for Registration as applicable is Rs.150/- is charged. If husband or wife or both are not Hindus, Buddhists, Jains or Sikhs then the marriage should be registered under the Special Marriage Act, 1954.
Eligibility criteria for applying to the certificate is the bride should be 21 years of age and at the time of marriage she should be above 18 years. Some documents should be produced like:
- 6 copies of joint photographs of bride and grooms in white or blue background;
- 2 Photos of the couple in marriage dress at the time of the wedding celebration;
- 1 copy of the wedding card;
- ID proof of Bride and Groom;(Pan card or Voter ID Card)
- Husband’s address proof; (Passport, DL)
- Groom and Bride’s proof of age;(10th Marks Card);
- If bride’s name has been changed then the affidavit to be submitted;
- Newspaper where name change details was published
Procedure for applying for the certificate of marriage are below:
- You can go to the sub registrar office near your residence and you can get the prescribed form from that office, if not form can be downloaded online and you should print it back-to-back else it is invalid. Link for the form is http://www.karnataka.gov.in/karigr/download/hindu%20marriage%20forms.pdf
- Details should be filled in carefully in the form;
- The form should be signed by 3 witnesses, they can be friends or relatives;
- That documents can be submitted in the sub registrar’s office and verification will be done by them by providing 6 printouts of the form;
- Signature of both Bride and Grooms should be put on the printouts;
- Those printouts are stamped and signed by the Registrar of Marriage;
- 2 copies of marriage certificates will be given to bride and groom and they will retain one copy for official records.
Hindu Marriage Laws In India
The Hindu Marriage Act, 1955 considers a marriage sacrament, a pious relationship for the procreation and continuation of family lineage. All marriages between two Hindus, Buddhists, Jains or Sikhs, or any conversions to Hinduism are covered under the Act. Under the Act, both the parties to the marriage can get their marriage registered, by making an application to the Marriage Registrar for the issuance of a marriage certificate. All Hindus marriages performed according to customs, rituals, and according to the Hindu rites can be lawfully registered under the act.
Conditions for Marriage
A Hindu marriage under the act can be performed between two Hindus if the following points are complied with:
Unless all these conditions are not complied with, any marriage performed would be rendered invalid.
Documentation for Registration
Procedure for Registration:
The following steps have to be complied with in order to register a marriage under the act:
The Marriage Register is open at all working hours for obtaining all the necessary records or information at all working hours and the information contained in the Register can be used as proof for future references.
Christian Marriage and Registration Procedure in India
Under the Indian Christian Marriage Act, 1872, Christian marriages in India are performed by a Minister or Priest in a church. After the marriage is performed the minister or priest enlists the marriage and issues a marriage certificate, thereby endorsing the marriage. A marriage, performed earlier by a Priest or Minister of the Church, can likewise be enrolled, in the register by the registrar of marriages. In order to get a marriage registered, it is incumbent on each party to the marriage to make an application to the concerned authority located within its place of residence.
In order to constitute a valid marriage under the act, it is a requirement that either one or both parties are Christians. Unless one of the parties to the marriage is governed by its own personal law which forbids such a marriage on the grounds of prohibited degrees of relationship, thereby rendering the marriage as void and redundant under the act. To constitute a legitimate marriage under the act the following factors have to be complied with:-
2.Conditions for Performance of a Marriage by a Marriage Registrar
The following conditions have to be complied with for the performance of the marriage by the Marriage Registrar appointed under the Act. They are as follows:
(a) Notice of Intended Marriage: A written application or notice is made by either party to the marriage residing in the same area to the Marriage Registrar to notify the concerned authority of their intention to get married. Incase both the parties reside in different areas, each party would have to make a separate notice in writing to the Marriage Registrar located within their areas of residence. The written application or notice is recorded in the ‘marriage notebook’ and is pasted in a clear noticeable area in the office.
(b) A Pledge Before Registrar: Before the certificate of notice has been issued, either one party to the marriage should make a personal appearance before the Marriage Registrar, pledging that:
3.Persons authorized to perform the marriage under the act
Under Section 5 of the Act, the following persons are competent to perform the marriage:
If a marriage is performed by a person who is not authorized under the act to perform it, such a marriage would be termed void.
4.Performance of the Marriage under the Act.
A Christian Marriage is performed between the parties to the marriage according to the rituals considered essential and proper as per Minister or Priest performing the marriage. The marriage rituals require the mandatory presence of two witnesses apart from the minister or the priest performing the marriage. If a marriage has not been performed within two months after the issuance of the certificate of notice, such a marriage cannot be performed after the lapse of the two month period, and a fresh certificate of notice would have to be applied for in order to solemnize the marriage.
5.Time and Place for the Performance of the Marriage
The Act, clearly stipulates the ‘time’ and the ‘place for the performance of marriage. Time for performing of marriage rituals has been fixed to six in the morning and seven in the evening and the place where the marriage is to be performed is the Church. The Clergy of the Church, under a special issued are given flexibility in the time and place for performance of the marriage.
6.Registration of Marriage:
An application for registration of marriage is made by the parties to the concerned authority in whose Jurisdiction either party has been residing. Marriage is registered in the Marriage Register, by the Registrar who was present and performed the marriage of the couple. The acknowledgement slip of the registration is signed by both the parties to the marriage along with their witnesses and is attached to the register as a proof that the marriage was registered. These acknowledgement slips are sent out at the end of the month to the Registrar General of Births, Deaths and Marriages. Indian Christian marriages can also be endorsed under a special provision without a prior notice.
7.Documents Required for Registration of Marriage under the Act:
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