Difference between Court Marriage and Marriage Registration

The Special Marriage Act of 1954 legalises court marriage. Under this act, there is no objection in the marriage if the couple is from a different religion, caste, culture, or race. Under this act, a person not belonging to India can also marry an Indian, as this procedure is free from the traditional methods of marriage performed in India. The couple can directly apply for the marriage certificate in the marriage registrar’s office.

Important Instructions For Court Marriage – 

1. The people who are deciding to get married should not be already married as a second marriage is only valid when they have taken divorce.
2. The bride should be 18 years old and the husband 21 years old.
3. Both of the partners should have a sound mind so that they are able to handle their life and the marriage also. Both of the spouses should be biologically fit to bear a child in the future.
4. The couple should not come under the degree of prohibited relationship.
5. Both parties (bride and groom) must file a notice of intended marriage in the form specified to the marriage registrar of the district in which at least one part of the marriage resides for a period of 30 days from the day of filing of the marriage notice.
6. The notice/notice is then published by the Registrar inviting disputes/objections (if any).
7. After the expiry of 30 days from the date on which the notice of intended marriage is published, the marriage can be solemnized if there is no objection lodged by any person.
8. The marriage can be solemnized at the designated marriage registrar’s office.
9. Registration requires both parties to appear with three witnesses on the wedding date.

Documents Required For Court Marriage:

1. Application of the intended marriage with the prescribed fee.

2. Passport-size photographs of the bride and groom.

3. Residential proof of the bride and groom.

4. Birth proof of the bride and groom.

5. PAN Card of witnesses and their Aadhar card.

6. If any spouse was married then they should give the divorce certificate or birth certificate of their spouse.

Wedding registration is required. It is now made mandatory for people of almost every religion in India. Despite this, people are not aware of it.

Importance Of Registration – 

The official document proving a marriage is a marriage certificate. If you do not want to change the name or surname after marriage, it helps to get all the legal rights and benefits related to marriage. Apart from opening joint bank accounts, taking life insurance policies, it also has a big role in taking advantage of bank-related work.

If your husband is in a government job, then this certificate is also helpful in providing many facilities. Apart from this, if one of the couples commits fraud, it can be reported to the police station with the help of this certificate.

The marriage certificate is useful in every case, whether to appeal for divorce or to get alimony. A marriage certificate is required for all purposes such as getting a passport, obtaining a visa.

How To Get The Marriage Registered?

A marriage can be registered under either the Hindu Marriage Act (1955) or the Special Marriage Act (1954). The Hindu Marriage Act applies only to Hindus, while the Special Marriage Act applies to all citizens of India.

Important Documents For Registering Your Marriage In India – 

1. Application form with the signature of husband and wife

2. Age proof of husband and wife.

3. Residential proof of husband and wife.

4. Wedding photographs, invitation cards, certificates issued by the priest if the wedding took place in the temple.

5. ‘No Objection Certificate’ by the Embassy of his country if married to a foreigner.

6. If the girl wants to change the surname after marriage, then a non-judicial stamp paper with a separate affidavit by the husband and wife. All these documents require the signature and seal of the Gazetted Officer.

Important Instructions For The Registration Of Marriage –

1. Wherever you live, go to the Collector office and get the application form.
2. Fill the application form carefully. Answer all things correctly.
3. If there is any change in the name or surname after marriage, enter a new name in the application form. Attach proof to this.
4. Get this form signed by three witnesses, who may be your relatives or friends. Details of witnesses will also have to be filled in the form. For example, what is your relationship with them, who are they, where do they live, what do they do? It is also important to have their full address and phone numbers.
5. All documents have to be submitted to the registration office. All documents will be examined there. After signing, they will be stamped with the registration office and copies will be taken out.

Online Registration Of Marriage

Now online registration has started in many states. Hindu marriage registration software has been prepared for this. The application can be downloaded by visiting the departmental website. All the required documents can be scanned and attached to the application form. Gradually, this process is being implemented in many places. This allows a person sitting at home to register for a wedding.

Marriage Act And Registration 

The registration of marriage under section 8 of the Hindu Marriage Act 1955 depends on the will of the person. In Muslim marriages also registration in the rules of some states is dependent on the will of the couple. Marriage registration is mandatory under the Christian Marriage Act 1872, the Special Marriage Act 1954, and Parsi Marriage and Divorce Act 1936. According to the Jammu and Kashmir Muslim Marriage Registration Act 1981, marriage registration is mandatory within 30 days of marriage.