Marriage Registration/Court Marriage

Marriage is a sacred matrimonial bond between husband and wife who take vows to be together for life. Where you can share everything, love, anger, happiness, assets, etc. with your spouse. There are different types of religions and personal laws under which Marriage can be solemnized. After the solemnization of marriage, you have to register your marriage and get a marriage certificate. 

Section 8 of the Hindu Marriage Act, 1955 provides Registration of Hindu Marriages. there is no compulsory provision for the registration of marriage. Unregistered marriage cannot be called irregular, void, or illegal. But after Seema Vs. Ashwini Kumar, 2008 case Supreme Court has laid down some guidelines for compulsory registration of marriage. All persons who are citizens of India belonging to various religions can register their marriage in the respective States and Union Territories where the marriages have been solemnized.

Merits of Marriage Registration/Court Marriage-

1. A marriage certificate is a legal document and strong proof of marriage which can be usedin a court of law.
2. A marriage certificate is compulsorily required for official purposes in government offices, for a name change, Mediclaim, Insurance policy, and Family Law benefits, etc.
3. Registration of marriage prevents child marriages.
4. It provides security to women and children and ensures to claim shelter, maintenance, and rights in the property of the husband.
5. It prevents polygamy.
6. It reduces the risk of objections to marriage, especially in love marriages.

Demerits of Unregistered Marriage-

1. It can increase the risk of polygamy, fraudulent, unlawful, forceful marriage practices, and child marriages.
2. If marriage is not documented and legally recorded, then a couple cannot apply for Family Law benefits and any other official purpose.
3. Women and children’s safety and rights are not guaranteed because of unregistered marriage.
4. Similarly, husbands’ rights are also not guaranteed and the risk of false allegations may happen before the law in unexpected Scenarios.

I have observed that people get confused in Marriage registration or Court Marriage procedure. Here I have tried to clear some doubts about the procedure and documents you require for marriage registration.

Here is the procedure and documents you require for registration of marriage and Court Marriage in India as follows-

Documents Required for Registration of Marriage/ Court Marriage-

Documents for Bride and Groom-

1. Aadhar Card
2. Pan Card/Voter ID
3. School Leaving Certificate/Passport
4. Passport size photo
5. Marriage Invitation Card (For Marriage Registration)
6. Marriage Ceremony Photo of Bride and Groom (For Marriage Registration)
7. Nikahnama (In case of Registration of Muslim marriage)

Documents of 3 Witnesses-

1. Aadhar Card/Voter ID/Passport
2. Passport size photo

• Photocopies of all the above-mentioned documents are required for marriage registration and documents no. 1 to 4 are required for court marriage.
• For both registration of marriage and Court marriage, you require 3 witnesses and their above-mentioned documents.
• All documents have to be submitted along with the application form in Marriage Registrar Office and you get a date of appointment for registration/court marriage.
• Bride, Groom, and 3 witnesses have to be present at Marriage Registrar Office for marriage registration or court marriage on a given date and time. After completing the procedure of registration, you can get a Marriage Certificate on the same date or within a week after registration.
• Inter Caste marriage can be registered under the Special Marriage Act, 1954.

Scheme of Government for Inter Caste Marriage in India-

There are different schemes provided by different States in India for Inter Caste Marriage. In Inter Caste marriage, if one spouse belongs to schedule caste (SC) and the other spouse belongs to non-schedule cast, then the couple can apply for the incentive for Inter Caste marriage which Social Welfare Departments of State Government and Central Government provides.

Maharashtra State Government provides Rs. 50,000/- and Central Government under Dr. Babasaheb Ambedkar Scheme provides 2.50 Lakhs to the couple whose marriage is an Inter Caste marriage. This amount can differ according to the rules of different States in India. There is a prescribed procedure given by the States and Central Government which the couple has to follow. A couple has to apply for this scheme within a year of their marriage. There is most important condition to apply for this scheme is, the marriage has to be registered under Hindu Marriage Act, 1955, and no incentive is available for second marriage.

For more information to apply for this scheme you can directly contact to Social Welfare Department where you reside.

Related Case Laws:

1.    Seema Vs. Ashwani Kumar, (2008) 1 S.C.C. 180

In this case, the Supreme Court provided that, certain provisions exist for registration of marriage under section. 8. However, it is left to the discretion of the contracting parties to either solemnize the marriage before the Sub-Registrar or register it after performing the marriage ceremony in conformity with the customary beliefs. However, the Act makes it clear that the validity of the marriage in no way will be affected by omission to make the entry in the register.

In this case, directions were given to the States and the Union Territories in the matter of framing necessary statutes regarding compulsory registration of marriages. By order dated 14.2.2006 (reported in Seema Vs. Ashwani Kumar (2006 (2) SCC 578) following directions were given:

1. The procedure for registration should be notified by respective States within three months from today. This can be done by amending the existing rules, if any, or by framing new rules. However, objections from members of the public shall be invited before bringing the said rules into force. In this connection, due publicity shall be given by the States and the matter shall be kept open for objections for one month from the date of advertisement inviting objections. On the expiry of the said period, the States shall issue appropriate notification bringing the rules into force.
2. The officer appointed under the said rules of the States shall be duly authorized to register the marriages. The age, marital status (unmarried, divorcee) shall be clearly stated. The consequence of non-registration of marriages or for filing false declaration shall also be provided for in the said rules. Needless to add that the object of the said rules shall be to carry out the directions of this Court.
3. As and when the Central Government enacts a comprehensive statute, the same shall be placed before this Court for scrutiny.
4. Learned counsel for various States and Union Territories shall ensure that the directions given herein are carried out immediately.

2.    A. Sivakumar vs The Director, 2017

The Madras High Court States that, The Ministry of Social Justice and Empowerment, Government of India introduced Dr. Ambedkar Scheme for Social Integration through Inter-Caste Marriages since it was felt that Inter Caste marriages can be one of the significant steps to reduce caste prejudice and untouchability and spread the values of liberty, equality, and fraternity, etc., in the society. The eligibility criteria set out in the scheme are as under :

• An Inter Caste marriage, for this Scheme, means a marriage in which one of the spouses belongs to Scheduled Caste and the other belongs to a Non-Scheduled Caste.
• The marriage should be valid as per the law and duly registered under the Hindu Marriage Act, 1955. An affidavit of their being legally married and in the matrimonial alliance would be submitted by the couple.
• No incentive is available on second or subsequent marriage.
• The proposal would be treated as valid if submitted within one year of marriage.” The eligibility criteria have not been set out in a statute but in a scheme. Therefore, a greater leeway can be assumed while construing them.