Solemnization of Marriage is mandatory to get registered either under the Hindu Marriage Act 1955 or under the Special Marriage Act, 1954. This registration needs to take within 30 days from the date of marriage by the Registrar of Marriages. The certification of marriage is actually the proof of registered marriage under jurisdiction process. As marriage certification plays an important role that proves you are legally married to someone and can be used in various legal or official verifications/purposes such as obtaining the passport, changing the maiden name, other private or governmental processes.
Vishu Kushwaha & co. Deals with marriage registration, Ghaziabad, marriage registration in Nodia and marriage registration in Delhi.
The Hindu Marriage Act (1955) is applicable when both the partners (husband and wife) are Hindus, Buddhists, Jains or Sikhs. Or either has converted their religion in any of these. In cases where both of companions (husband and wife) are not Hindus, Buddhists, Jain or Sikhs, the process of marriage registration took place under the Special Marriage Act, 1954. We are also arrangers of Arya Samaj Vivah.
- Passport Size Photographs: Four each of marrying persons
- Residential Proof: (voter card/Aadhar Card/ Passport/ Ration Card/ Driving License/ Bank Passbook/ Lease Deed/ Rent Deed) or marrying persons.
- Date of Birth Proof: (Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of marrying persons.
- If any party is the divorcee, the certified copy of Decree of Divorce granted by the court of justice.
- If any party is widow/widower, Death Certificate of the dead spouse is required.
- If any party is a Foreign Citizen or holding the foreign passport or even having the external residential address.
- Certificate of Present Marital Status of the party/ No Impediment Certificate/ NOC from concerned Embassy and valid Visa.
- Two witnesses (both should be major)
Registration of Marriages Which have Already been Solemnized:
Special Marriage Act, 1954 allows for the solemnization of marriages in conformity with the provisions of the Act SDMs/ ADMs/ Deputy Commissioner, who are legalized as Marriage Officers for the same.
Criteria Used While Deciding Case:
Well! For solemnization of marriage, the presence of both the parties is mandatory after the submission of required documents for the process of registration of marriage in an authorized way. A copy of the notice will be posted on the notice board by the ADM. Any person may within 30 days of issue of notice, can file the objection to the intended marriages.
In such cases, SDM shall not ceremonized the marriage, until decides the objection file within 30 days of its receipt. If ADM declines to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. If no objection is received, the ADM formalizes the marriage after 30 days of the notice. Both the parties with three witnesses are required to be present on the date of solemnization of marriage. It is preferable to list up the names of witnesses at least one day before the solemnization process.
The degree of Prohibited relationship as per the Hindu Marriage Act, 1955:
Section 3 (f):
(i) “Sapinda relationship” or “cousin marriage” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
(ii) Two persons are said to “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship concerning each of them.
Benefits of Marriage Registration / Marriage Certificate:
Legal Authentication: Marriage Certification is a valid proof of marital status by the government. Nobody (husband and wife) can deny their marriage if holding a marriage certificate.
Legal Evidence: If any of the partners among two deny marriage or marital disputes, this works an authenticated evidence for both husband and wife.
Proof For Children In WedLock: Marriage certificate confirms the offsprings born after legal wedlock are the children of concerned or mentioned mother/father which saves all constitutional rights of the children.
Certificate Of Marriage Is Mandatory: marriage certification certifies the legal proof of marriage registration, under judiciary for those when people often try to deny their marriage in the lack of marriage evidence. This certification is compulsory as it proves the legality of two persons as husband and wife in court cases.
Claiming Benefits: Marriage certificate also helps in getting full benefits of insurance policies, applying for visa marriage registration and other aspects in legalizations.
Eligibility For Marriage Registration and Obtaining Marriage Certificate:
If two are married as husband and wife and practice Hindu, Buddhism, Jain or Sikhs both should attain the age of 21 years on the date of marriage then both the mates are legally eligible for marriage registration. If both the partners didn’t yet reached the age of 21 years but are attained 18 years on the date of marriage, then they are legally permitted for registration of marriage.