When getting married in India, there are many rules and customs to follow. However, don’t forget about the legal obligations that must be met on time to validate these traditional rules and customs.
It is critical to have your marriage registered according to Indian laws. Marriage registration not only gives legal recognition to the partnership, but it also gives both the spouse and the husband certain assurances if something goes wrong. However, before diving into the subject, you should be aware of a few topics to discuss as a couple before getting married in India, such as their work ethics, expenses, culture, their past, health, religious beliefs, and so on.
Furthermore, in the event of a divorce, a legally registered marriage facilitates the process of dividing assets. A legally recognised marriage also makes life easier for the surviving life partner if either the husband or the wife dies. If additional security is required in the event of a spouse’s death, the living partner must sign a marriage testament. Let’s also look at how to determine whether your marriage is legally recognized.
Here are six things every couple should know about Marriage Registration in India.
1. Obtain a marriage license.
You may be wondering why in India a marriage certificate attestation is required. It is because a marriage certificate is regarded as an official agreement or an authorized certificate indicating that two people (a man and a woman) have been recognized by society to live together for the rest of their lives and lead the family’s subsequent generations.
The first step is to obtain an official marriage certificate. The procedures differ from state to state, and even from city to city! In this regard, you must ensure that you adhere to the laws of the state in which you reside
You will need to provide lawfully issued identification cards, proof of marriage, and several witnesses/observers to vouch for you to obtain the declaration. There will also be a small registration fee.
The time it takes to receive the certificate following the Marriage Registration can range between 7 and 3 months.
2. Is religion important?
If both partners are Hindus, Sikhs, Jains, or Buddhists, depending on your religion. The Hindu Marriage Act or the Special Marriage Act will be used to register your marriage.
In any case, if either of you is a Muslim, Christian, Jewish, or Parsi, your marriage can be solely registered under the Special Marriage Act.
While enrolling under either of these Acts is unlikely to have a long-term impact on your life, there are some differences in the enrolment process for both.
3. Request to change your name or surname.
A change in name or surname must be requested through the State Government Gazette. This allows them to update their records with your new name or surname. Make it official by announcing it in local newspapers via paper-cutting. If you prefer not to proceed with this procedure, a Joint Notarized Affidavit from a legal official will suffice.
Following that, your name will be changed in all necessary government documents such as your PAN card, Aadhar card, bank records, and so on. However, many couples nowadays prefer to keep their original names and surnames.
4. Marriage registration by post in India
Both the husband and wife must apply to the sub-registrar in whose ward the marriage was sanctified, or to the registration center in whose purview either life partner has lived for at least 6 months, according to the Hindu Marriage Act.
According to the Special Marriage Act, both spouses must send a 30-day notification to the sub-enlistment center near where one of the partners has lived. The notice is then duplicated and posted on the sub-registrar office bulletin board for at least 30 days. If both spouses live under the jurisdiction of another sub-registrar, a copy of the notice must be sent to him as well.
- If there is no opposition to the marriage within these 30 days, the marriage is registered.
- Both spouses must sign the application form. The forms, for example, under the Hindu Marriage Act and the Special Marriage Act can be downloaded online.
- Location PAN card, passport, Aadhaar card, or driving license of both spouses
- The birthdate PAN card, passport, Aadhaar card, or driving license proof for both spouses
- Affidavit stating the place and date of marriage, marital status at the time of marriage, both parties’ dates of birth, and nationalities.
- Affidavit confirming marriage location and date, marital status at the time of marriage, dates of birth of both partners, and nationalities
- Passport-sized photographs of both spouses, as well as one certified wedding photograph of them as husband and wife
- Marriage invitation card with both partners’ names, locations, and wedding date
- A certificate was signed by the priest who blessed the marriage.
- Certificate of changes, for example, in the name; religion; and so on, if applicable
- If applicable, a copy of the divorce decree
- If either partner is a widow or widower, the death certificate of the husband or wife is required.
- At your wedding, two eyewitnesses were present at the time of the marriage registration.
5. Marriage registration online in India
Don’t be concerned if you have to visit government offices on multiple occasions. You can save time by starting the process online with the assistance of attestation service experts.