India, Law

What is the process to get a marriage registered through the Hindu Marriage Act?

Photo of author

By Admin Desk

All marriages taking place in the country have to be registered by law according to the Supreme

Court of India, 2006. Depending on the circumstances around the marriage, it can either be registered under the Hindu Marriage Act, 1955the Special Marriage Act, 1954. The Hindu Marriage Act applies to Hindus, Buddhists, Jains, or Sikhs while all others irrespective of religion are put under a different Marriage Act. The act helps register a celebrated marriage but does not substitute the celebration of a marriage by a Marriage Registrar. Male applicants have to be a minimum of 21 years while females, 18 for the registration of their marriage certificate.

What are some details for a wedding registration under the Hindu Marriage Act, 1955 ?

The Hindu Marriage Act only applies if both the husband and wife are Hindus, Buddhists, Jains, or Sikhs, or in cases either or both partners converted to any of these religions. If either individual getting married belongs to any other religion, the marriage registration will not be valid.

To begin the process the couple has to apply to the sub-registrar under whose jurisdiction the

marriage was handled or the location where either person in the marriage resides.

Both partners should fill, sign, and submit the Application Form. They have to submit it with

  • Two photographs, along with
  • An invitation card of marriage
  • Proof of age
  • Proof of address
  • An affidavit of Notary/Executive Magistrate to prove their marriage under the Hindu

Marriage Act 1955

  • A fit mental condition
  • Proof of non-relationship between the parties within the degree of prohibition.

All the submitted certificates must be attested by an Officer and the couple should pay a fee and submit the receipt with the Application Form. Post the verification of the submitted documents, the officer will assign a date of registration for their marriage certificate.

What are some conditions for a marriage to be valid under the Hindu Marriage Act?

  • A marriage can be honoured between any two Hindus if the following conditions are

fulfilled:

  • Neither party has another spouse living at the time of marriage
  • Both parties can consent to the marriage and have sound judgment
  • Neither parties are suffering from any mental disorder to be unfit for marriage or the procreation of children. Additionally, they aren’t subject to recurrent attacks of insanity or epilepsy.
  • Both parties are of legal marriageable age; 21 years for male and 18 for female.

A marriage solemnized between parties but not meeting the requirements of the Act or violating any rules, would be considered null and void. The people involved in such a marriage are liable to punishment with imprisonment for a month or a fine of Rs. 10,000, or both.

The Hindu Marriage Act, 1955 is connected to the ceremonies followed when registering the marriage. The provisions mention that it can only be solemnized after the customary rites and ceremonies of the couple. These rights might have to include the saptpadi ( the bride and groom taking seven steps together around a sacred fire) with the marriage complete on the seventh step. These ceremonies might vary depending on the customs and traditions of the people.