Introduction:
About us:
Hindu marriage act:
In India, we are a nation of unity in diversity. we differ from each other in religion languages, traditions and we are caste but amending laws are equal for every individual among hindus of India
As per
Hindu marriage act of 1955 [applicable to hindus] and
special marriage act of 1954 [applicable for all indian citizens], Registering marriage of the couples is a mandatory and a necessary one.it is an important document to get various facilities that you can seek from state and central Govt. institutions of the state and central as well.
Things to know about marriage certificate:
Scope of the Act
The Special Marriage Act deals with inter caste and inter-religion marriages.
Application of the Act
This information is the most important one for every Indian to know as it is through this that they can avail them. This Act covers marriages among Hindus, Muslims, Christians, Sikhs, Jains and Buddhists. This act applies to every state of India, except the state of Jammu & Kashmir.
Requirements
The basic requirement for a valid marriage under this Act is the consent of both the parties to the marriage. If both the parties are ready to marry each other, that suffices it; here caste, religion, race, etc. cannot and do not act as a hindrance to their union.
For marriage under this Act, the parties need to file a notice expressing their intention to marry each other, with the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for at least 30 days preceding the date on which such notice is being filed. The marriage is then said to be solemnised after the expiry of 30 days from the date on which such notice has been published. But if any person related to the parties objects this marriage and the Registrar finds it to be a reasonable cause of objection, then he can cancel the marriage on such grounds. For a valid marriage, it is also required that the parties give their consent to the marriage in front of the Marriage officer and three witnesses.
These are the basic requirements for a valid marriage under the Special Marriage Act, which every Indian must know.
Conditions
The conditions required to be followed for this special form of marriage is not very different from the requirements of other normal marriages, which happen within the caste. These are the conditions to be eligible for a marriage under this Act: –
The bridegroom must be at least 21 and the bride must be at least 18 years of age at the time of marriage. This is the minimum age limit for a boy/girl to marry, respectively.
Since it is known that inter-caste or inter-religion marriages are still considered a taboo in our country the establishment of Special Marriage Act was a great improvement.
If we look at the positive side of these marriages, we can find that they have added to our national integrity. Unlike earlier times, nowadays people are attracted more to the opposite sex, belonging to other castes and seldom end up considering the communal side of it.
These marriages encourage equality amongst the citizens and as a result of it people try to interact more with each other and understand and respect each other and their differences.
Legitimacy of children
A marriage is said to be void, where the conditions mentioned in point no.4 are not met with, and the children from such marriages who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act as mentioned in Sec.26 of the act.
Application on succession Rights
Another important point that every Indian should have knowledge about SMA is that, the succession to property of persons married under this act or any marriage registered under this act and that of their children will be governed under the Indian Succession Act. But, if the parties to the marriage belong to Hindu, Buddhist, Sikh or Jain religions, then the succession to their property will be governed under the Hindu succession Act.
Restriction on Divorce during 1st yr of marriage
Any person married under the Special Marriage Act, must know about this important provision of the Act. The parties cannot petition for divorce to the District court unless and until one year has expired from the date of their marriage as registered in the marriage books. But, in cases where the court is of the opinion that the petitioner has suffered exceptional hardships or the respondent has shown exceptional depravity on their part, a petition for divorce would be maintained, but if any misrepresentation is found on the part of the petitioner to apply for divorce before the expiry of 1 yr, the court may if any order has been passed, state the order to take effect only after the expiry of 1 yr, as mentioned in sec. 29 of the Act.
Can they remarry?
Talking, about the option of remarriage available to marriages of persons registered under SMA, one important thing that has to be paid attention is that, where the marriage has been dissolved and there is no right of appeal available, or there is no petition made for it in the required period, or appeal if presented is dismissed, then the parties may remarry, as provided by the Act.
The general and legal Understanding
The general understanding is that only marriages in one’s own caste is sacred and auspicious while the legal aspects of it as discussed above, doesn’t make marriages under this act any less sacred or valid. Our Law under its provisions gives the right to every citizen to marry any person of their choice and have a happy life. But this opinion is supported as well as criticized by many. Some consider it to be valid, some not.
Advantage of having marriage certificate:
- Legal proof,
- Clears visa problem for your life partner to go abroad,
- For opening joint account with your life partner,
- Authorised person to become a nominee of your partners assets
STEPS OF REGISTERING A MARRIAGE UNDER THE HINDU MARRIAGE ACT,1955 (Hindu Marriage Registration)
- The couple has to apply to the Registrar in whose jurisdiction the marriage has taken place or to the Registrar in whose jurisdiction either of the two has been residing for a minimum of six months immediately preceding the date of marriage.
- The couple will have to appear before the Registrar along with witnesses,they could be the parents, guardians or friends, within one month from the date of marriage.
- A provision for condonation for delay up to 5 years is available, by the Registrar, and after that by the District Registrar concerned.
THE SPECIAL MARRIAGE ACT,1954:
Can either spouse be married to more than one person at a time?
Applicability:
- Any person, irrespective of religion.
- Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954.
- Inter-caste marriages are performed under this Act.
- This Act is applicable to the entire territory of India (excluding the state of Jammu and Kashmir) and extends to intending spouses who are both Indian nationals living abroad.
- Indian national living abroad.
- The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
- After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnised, unless it has been objected to by any person.
- The marriage may be solemnised at the specified Marriage Office.
- Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be my lawful wife (or husband)," in the presence of the Marriage Officer and three witnesses.
Conditions for marriage:
- Each party involved should have no other subsisting valid marriage. In other words, the resulting marriage should be monogamous for both parties.
- The bridegroom must be at least 21 years old; the bride must be at least 18 years old.
- The parties should be competent in regards to their mental capacity to the extent that they are able to give valid consent for the marriage.
- The parties should not fall within the degree of prohibited relationship.
STEPS OF REGISTERING A MARRIAGE UNDER THE SPECIAL MARRIAGE ACT,1954
The couple has to give a notice to the Marriage Officer in whose jurisdiction at least one of the parties has resided for not less than 30 days prior to the date of notice. It should be affixed at some conspicuous place in his office.
If either of the two is residing in the area of another Marriage Officer, a copy of the above mentioned notice should be sent to him for similar publication.
The marriage may be legally sanctified after one month from the date of publication of the notice, if no objections are received. In case of receipt of objections, the Marriage Officer will have to enquire into them and decide whether to solemnise the marriage or to refuse it. Registration will be done after solemnisation of the marriage.
Documents required
You need to submit the following documents for a civil wedding:
- Photocopies of National Identity of the couple, passport or residence card.
- Certificate of residence.
- Certificate of nationality.
- Certificate of singleness and marital status affidavit.
- Updated birth certificate issued by the Civil Registry of the place of birth.
- Signature of two witnesses.
Addresses of Registrar office:
Marriage Registration in Chennai
Saidapet Registrar Office, 9, Jeenis Road, Saidapet, Chennai- 600015
Online Marriage Registration http://www.tnreginet.net/english/smar.asp
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