What Are Your Options If You Want To Register For An Unregistered Marriage After Many Years?

Marriage and its registration are a grey area sometimes from a legal point of view in India. Though a marriage is not officially registered, it may be recognized and validated in terms of law. When there is a need however for formal documentation due to legal, financial, or any other personal reasons, people try to approach various ways to register an unregistered marriage. This case becomes even more complicated when the marriage has continued for several years without registration.

Marriage Registration in India

Depending on the religion and communities where the parties involved belong, marriage registration in India is covered under personal laws. However, things like registration are usually afterthoughts, and many personal laws don’t even make it mandatory leaving quite several marriages unregistered.

• Hindu Marriage Act, 1955: This is the law that governs marriages and divorces of Hindus, Buddhists, Jains, and Sikhs. Under this Act, registration of marriage is not compulsory, but it is advised to acquire evidence for the legality of marriage. 
• Special Marriage Act, 1954: This law covers marriages that do not come under any of the personal laws for individuals who want to get married (interfaith marriages as well as inter-caste marriages). Registration under the Special Marriage Act is mandatory for all marriages done under this law.
• Muslim, Christian, and Parsi Laws: Like the Hindu Marriage Act, these laws do not impose any legal obligation on the registration of marriages; however, a person can voluntarily register.

Options for Registering Unregistered Marriage

There are options still available to register a marriage that has been unregistered for many years. Different regions have their registration categories concerning personal laws and situations surrounding marriage.

Registration under the Hindu Marriage Act, 1955

According to the Hindu Marriage Act, registration is not required, but it is advised. If a couple has been married for many years and has now decided to register their marriage under this Act, the procedure is quite simple.

Eligibility: Both of them should belong to Hindu, Buddhist, Jain, or Sikh religions.

Required Documents:

• Application form duly signed by both parties.
• Proof of marriage (photographs, wedding card, or statement from witness).
• Identity proof and address proof of both parties.
• Proof of date of birth (generally out-of-school certificates or above).
• Joint affidavit/ statement confirming the marriage.

Procedure:

• The couple needs to visit the local marriage registration office.
• A marriage certificate will be issued following document verification. 

Registering Under the Special Marriage Act, 1954

This Special Marriage Act has been accumulated only for an individual whose personal laws do not cover a marriage such as inter-caste or inter-religious marriages, or for registering marriages done quite some time back.

Eligibility: The couple should be both Indian citizens and be unmarried.

Documents Required:

• Application form
• Identity proof of both parties
• Proof of address
• Date of birth proof
• A witness affidavit
• A joint affidavit confirming the marriage

Procedure:

• An application should be submitted at the office of Special Marriage Act.
• Thereafter, both parties have to notify the registrar of their intention of going for marriage, after which the notice will be published for 30 days.
• After the expiration of the notice period, the marriage shall be registered and a marriage certificate shall be issued.

Registration in the Local Marriage Registrar’s Office

A marriage can be registered in most of the states of India under the local Marriage Registration Act in the local marriage registrar’s office, even after many years. Each state has its own rules and procedures related to marriage registration.

Eligibility: The marriage has to be solemnized but can be registered after several years in case of no prior registration.

Documents Required:

• Identity and proof of age of both spouses.
• Recent passport-size photographs.
• Proof of marriage (like wedding invitations, photographs, etc.).
• Witness affidavits.

Procedure:

• The application should be submitted to the registrar’s office along with all the necessary documents.
• The registrar may demand that the couple present affidavits obtained from the witnesses proving that the marriage took place.
• Registration shall be done after verification of the documents and a marriage certificate issued to the couple.

Court Declaration of Marriage

In those cases when a marriage has officially not been registered for many years and complications arise concerning proving the marriage, a couple is often required to petition the courts, seeking a declaration of marriage. This often happens when a dispute arises as to the legitimacy of the marriage or when there is no documentation with the couple.

• Procedure: The couple may file a petition in the family court with a request for a legal declaration regarding their marriage. The examination shall, therefore, involve receiving evidence in the form of affidavits and testimonies from witnesses as well as other documents such as photographs that will shed more light on the issue.
• Legal Proceedings: Such procedure takes a lot of time and money and requires employing a lawyer, but it does provide legal sanctity to the marriage and can serve as an official record in the court decree.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.