Frequently Asked Questions
Registration of Marriage
- By Adv. R. P. Rathod.
There are two marriage offices specifically meant for solemnising marriages; one is in Pune and the other at Mumbai. The Marriage Officer is in charge of the Marriage Office and is of the rank of Sub-Registrar. There are two acts which draw the guidelines regarding solemnising of marriages; they are:
1. Special Marriage Act
2. Bombay Marriage Act
1. Following points cover Special Marriage Act:
Notice period is 30 days and has to be signed by the prospective bridegroom and bride. (validity of notice is 90 days) Support documents required is the proof of age (legal marriageable age for males is 21 years and for females it is 18 years) A fee of Re. 1 is taken and notice is displayed for public view. In case of either the bride or bridegroom residing in another jurisdiction, a copy of memorandum is sent to the concerned District Marriage Officer (JDR) for public display.
A register of marriage notice is maintained to record the notices.
Both the bride and bridegroom have to appear in person in front of the marriage officer between 30 to 90 days after the notice is given along with 3 witnesses for getting the marriage solemnised (provided that no objections are raised by anyone).
Duplicate copy of marriage certificate can be had by giving an application to the marriage officer. A certificate book is maintained for this.
2. Following points cover Bombay Marriage Act:
This act legalises marriages performed by priests at any place.
Memorandum is to be filled in duplicate and submitted to the marriage officer after the marriage.
A fixed fee of Rs.50 is charged (in the form of court fee stamp) for registering the marriage along with a registration fee of Re. 1 (if the memorandum is submitted within 30 days of marriage). It is Rs. 3 if the memorandum is submitted within 30 to 90 days of marriage and Rs.5 if the memorandum is submitted after 120 days of marriage.
The memorandum is then pasted in the marriage paste book.
Note:.* Wherever marriage office is absent, the JDR performs the function of the Marriage Officer
1. Certificate of marriage is a document, which provides valuable evidence of marriage;
2. Certificate of marriage is a document providing social security, self-confidence particularly among married women;
3. Certificate of marriage is useful in getting the visa for the wife/ husband.
4. It will be helpful in claiming the Bank deposits or Life Insurance benefits when the depositor or the Insurer dies without a nomination or otherwise.
Marriages can be registered in the office of the Registrar of Marriage within the jurisdiction of which the marriage has taken place or in the office of Marriage Officer in whose jurisdiction the bride or bride-groom resides
Sub Registrar who register documents relating to immovable property are also the Marriage Officer. The offices are usually located in Taluka Head Quarters/ District Head Quarters, etc.
Bridegroom must have completed 21 years age and bride 18 years.
Following are the restrictions under:
1) Hindu Marriage Act, 1955 and
2) Special Marriage Act, 1954.
1) Restrictions under Hindu Marriage Act, 1955:
a) Bridegroom or bride who desire to marry should not have married wife/ husband;
b) Bridegroom or bride who cannot voluntarily give consent for marriages owing to mental illness are not eligible for marriage;
c) Marriage of those who are capable of giving consent for marriage but, incapable of getting child owing to unsound mind cannot be solemnised nor be registered;
d) Those suffering from insanity are ineligible for solemnisation of marriage;
e) Those who are within degree of prohibited relationship are ineligible for marriage provided they can marry if it is permitted according to the usage of custom or usage governing such persons;
f) Bridegroom and bride who are descendants up to 5 generation from mother's side or father's side cannot marry (They are called Sapindas).
2) Restrictions under Special Marriage Act, 1954:
Restrictions under Parsi Marriage Act 1936, Bride and Bridegroom should not be related within the degree of prohibited relationship mentioned in schedule I of the Act.
If the conditions noted in above questions are not fulfilled marriage officer may refuse the registration of the marriage. Appeal may be submitted to District judge within 30 days of such refusal.