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Guidelines for marriage and
registration of marriage, with Forms:
A marriage which has already been solemnised can be registered either under the
Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu
Marriage Act is applicable in cases where both husband and wife are Hindus,
Buddhists, Jains or Sikhs or where they have converted into any of these
religions. Where either of the husband or wife or both are not Hindus,
Buddhists, Jains or Sikhs the marriage is registered under the Special Marriage
Act, 1954.
Further,
marriage can be solemnised between any two persons (often when they are of
different religion or nations) under the provisions of the Special Marriage Act,
1954
For
Registration of Marriages which have already been solemnized, following
documents are required:
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Application form duly
signed by both husband and wife.
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Documentary evidence of
date of birth of parties (Matriculation Certificate / Passport / Birth
Certificate). Minimum age of both parties is 21 years for male and 18 years
for female, at the time of
registration under the Special Marriage Act / Hindu Marriage Act.
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Ration card of husband
or wife, at least one should be resident of Delhi for 30 days.
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In case of Special
Marriage Act, documentary evidence regarding stay in Delhi of the parties
for more than 30 days (ration card or report from the concerned SHO, Police
Station). (NOTE: Delhi High Court in Vikram
Aditya Singh & others Vs. UOI & others, CW15079/2006 held that this
condition in Delhi Hindu Marriage Registration Rules, is ultra vires and
solemnisation is sufficient for registration; see other case - Seema Vs
Ashmin Kumar 2006 2SCC 578)
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Affidavit by both the
parties stating place and date of marriage, date of birth, marital status at
the time of marriage and nationality.
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Two passport size
photographs of both the parties and one marriage photograph.
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Marriage invitation
card, if available.
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If marriage was
solemnized in a religious place, a certificate from the priest is required
who solemnized the marriage.
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Rs. 100/- in case of
Hindu Marriage Act and Rs.150/- in case of Special Marriage Act to be
deposited and the receipt should be attached with the application form.
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Affirmation that the
parties are not related to each other within the prohibited degree of
relationship as per Hindu Marriage Act or Special Marriage Act as the case
may be. For details of such relationships please read below at end.
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Attested copy of divorce
decree/order in case of a divorcee and death certificate of spouse in case
of widow/widower.
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In case one of the
parties belong to other than Hindu, Budhist, Jain and Sikh religions, a
conversion certificate from the priest who solemnized the marriage (in case
of Hindu Marriage Act).
All documents
excluding receipt should be attested by a Gazetted Officer.
Documents
required for marriage (Court marriage) under Special Marriage Act:
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Application form /
Notice duly
filled and signed by the bride and the groom.
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Fee of Rs.150/- and the
receipt should be attached with the form.
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Documentary evidence of
date of birth of both parties (Matriculation Certificate/ Passport/ Birth
Certificate).
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Documentary evidence
regarding stay in Delhi of one of the parties for more than 30 days (ration
card or report from the concerned SHO, Police Station).
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Separate affidavits from
bride and groom giving:
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Date of birth.
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Present marital
status: unmarried/widower/ divorcee.
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Affirmation that the
parties are not related to each other within the degree of prohibited
relationship defined in the Special Marriage Act (See at end to know the
meaning of prohibited relationship).
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Passport size
photographs of both parties (2 copies each) duly attested by a Gazetted
Officer.
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Copy of divorce
decree/order in case of a divorcee and death certificate of spouse in case
of widow/widower.
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In case of a foreign
national, a certificate from the concerned Embassy regarding his / her
present status.
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Some countries insist for
proof of proceeding of civil marriage & marriageablity certificate of Indian
fiancee before granting visa to a foreign national to visit / stay in India
for marriage.
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Foreign national who intent
to stay in India for long time after marriage should know before marriage
about grant of citizenship of India and about profession / tax liability.
(It is
reported by many couples that without a lawyer, marriage solemnisation is a
difficult task)
Process:
For
registration under Hindu Marriage Act
Verification
of all the documents is carried out on the date of application and a day is
fixed and communicated to the parties for registration. On the said day, both
parties, along with witness should attend office of marriage officer. The Certificate
of Marriage is issued on the same day.
B) Special
Marriage Act
For
solemnization of marriage (Court marriage), presence of both parties is required
after submission of documents of issuance of notice of intended marriage. A copy
of the notice is pasted on the office notice board by the Marriage Officer. Any
person may within 30 days of issue of notice , file objection to the intended
marriages. In such a case, the Marriage Officer shall not solemnise the marriage
(between 9.30 to 1 pm) until he has decided the objection, within 30 days of its
receipt. If the Marriage Officer refuses to solemnise the marriage, any of the
parties may file an appeal within 30 days to the District Court. In case no
objection is received, the Marriage Officer solemnises the marriage after 30
days of the notice. Both parties along with 3 witnesses are required to be
present on the date of solemnisation of marriage. It is advisable to submit
names of witnesses atleast one day in advance, one of them be a lawyer.
For
registration under Special Marriage Act :
Both parties
are required to be present after submission of documents for issuance of public
notice inviting objections. One copy of notice is pasted on the notice board of
the office and copy of the notice is sent to both parties. Registration is done 30 days after the date of notice
after deciding any objection that may have been received during that period by
the Marriage Officer. Both parties alongwith three witnesses are required to be
present on the date of registration.
Forms:
Application for registration of marriage under Hindu Marriage Act,
Affidavit,
Notice under Special Marriage Act, Identification
Certificate
Degree of
Prohibited relationship as per the Hindu Marriage Act, 1955
Section 3 (f):
i.
"Sapinda
relationship"
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 with reference
to each of them;
Section 3 (g):
"degrees of
prohibited relationship" – two persons are said to be within the "degrees of
prohibited relationship" –
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if
one is a lineal ascendant of the other; or
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if
one was the wife or husband of a lineal ascendant or descendant of the
other; or
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if
one was the wife of the brother or the father’s or mother’s brother or of
the grandfather’s or grandmother’s brother of the other; or
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if
the two are brother and sister, uncle and niece, aunt and nephew, or
children of brother and sister or of two brothers or of two sisters;
Explanation
–
For the
purposes of clauses 3(f) and 3(g), relationship includes –
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relationship by half or uterine blood as well as by full blood;
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illegitimate blood relationship as well as legitimate;
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relationship by adoption as well as by blood;
and all terms
of relationship in those clauses shall be construed accordingly.
Degrees of Prohibited relationship as per the Special Marriage Act, 1954
Section 2 (b):
"Degrees of
prohibited relationship" – a man and any of the persons mentioned in Part I of
the First Schedule and a woman and any of the persons mentioned in Part II of
the said Schedule are within the degrees of prohibited relationship.
Explanation
(I) – Relationship includes, --
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relationship by half or uterine blood as well as by full blood;
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illegitimate blood relationship as well as legitimate;
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relationship by adoption as well as by blood;
and all terms
of relationship in this Act shall be construed accordingly.
Explanation
(II)
– "Full blood" and "half blood" – two persons are said to be related to each
other by full blood when they are descended from a common ancestor by the same
wife and by half blood when they are descended from a common ancestor but by
different wives.
Explanation
(III)
– "Uterine blood" – two persons are said to be related to each other by uterine
blood when they are descended from a common ancestress but by different
husbands.
Explanation
(IV)
– In Explanations II and III, "ancestor" includes the father and "ancestress"
the mother;
THE FIRST SCHEDULE [ DEGREE OF PROHIBITED RELATIONSHIP]
PART – I
Mother.
Father’s widow (step mother).
Mother’s mother.
Mother’s father’s widow (step grand-mother).
Mother’s mother’s mother.
Mother’s mother’s father’s widow (step great grand-mother).
Mothers’s father’s mother.
Mother’s father’s father’s widow (step great grand-mother).
Father’s mother.
Father’s father’s widow (step grand-mother).
Father’s mother’s mother.
Father’s mother’s father’s widow (step great grand-mother).
Father’s father’s mother.
Father’s father’s father’s widow (step great grand-mother).
Daughter.
Son’s widow.
Daughter’s daughter.
Daughter’s son’s widow.
Son’s daughter.
Son’s son’s widow.
Daughter’s daughter’s daughter.
Daughter’s daughter’s son’s widow.
Daughter’s son’s daughter.
Daughter’s son’s son’s widow.
Son’s daughter’s daughter.
Son’s daughter’s son’s widow.
Son’s son’s daughter.
Son’s son’s son’s widow.
Sister.
Sister’s daughter.
Brother’s daughter.
Mother’s sister.
Father’s sister.
Father’s brother’s daughter.
Father’s sister’s daughter.
Mother’s sister’s daughter.
Mother’s brother’s daughter.
Explanation
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For the purposes of this Part, the expression "widow" includes a divorced wife.
PART – II
Father.
Mother’s husband (step-father).
Father’s father.
Father’s mother’s husband (step grand-father).
Father’s father’s father.
Father’s father’s mother’s husband (step great grand-father).
Father’s mother’s father.
Father’s mother’s mother’s husband (step great grand-father).
Mother’s father.
Mother’s mother’s husband (step grand-father).
Mother’s father’s father.
Mother’s father’s mother’s husband (step great grand-father).
Mother’s mother’s father.
Mother’s mother’s mother’s husband (step great grand-father).
Son.
Daughter’s husband.
Son’s son.
Son’s daughter’s husband.
Daughter’s son.
Daughter’s daughter’s husband.
Son’s son’s son.
Son’s son’s daughter’s husband.
Son’s daughter’s son.
Son’s daughter’s daughter’s husband.
Daughter’s son’s son.
Daughter’s son’s daughter’s husband.
Daughter’s daughter’s son.
Daughter’s daughter’s daughter’s husband.
Brother.
Brother’s son.
Sister’s son.
Mother’s brother.
Father’s brother.
Father’s brother’s son.
Father’s sister’s son.
Mother’s sister’s son.
Mother’s brother’s son.
Explanation
–
For the
purposes of this Part, the expression "husband" includes a divorced husband.
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