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which documents i have need of marriage registration.

2007-11-30 00:41:34 · 4 answers · asked by sonia y 1 in Family & Relationships Marriage & Divorce

4 answers

All these documents you require for registration of marriage under the Hindu Marriage Act,1955 or under the Special Marriage Act,1954 :- Proof of birth of both the parties (school leaving certificate,passport,voters ID card,Pan card,Driving license), Proof of Marriage, (in the form of Wedding Card & One or two Photographs of wedding, Certificate issued by the Temple or Gurdwara in case such marriage was preformed at any such place, Witness(es) to marriage in case of you want registration under the Hindu Marriage Act then this witness has to be a Gazetted officer with his proper identity proof who should be known to you & who has attended your marriage, in case you want to register under the Special Marriage Act,1954 you require any three witnesses who have attended your wedding with their identity proof), Proof of residence in Delhi in the form of Ration Card mentioning either of your names, Passport size photographs of both of you. All the copies of documents & identity of both of you have to be attested by the Gazetted officer who will be witness for the purpose of registration under the Hindu Marriage Act. I hope this marriage was solemnized in Delhi itself. As far registration under the Hindu Marriage Act the registration takes place on the same day of making application or within two days but in case of registration under the Special Marriage Act this registration take place after the expiry of one month's notice period. Jurisdiction of Marriage officer/registrar depends on where you stay in Delhi. For more help or clarifications in this regard you can contact me. vijay_mahajan5758@yahoo.co.in

2007-11-30 02:40:29 · answer #1 · answered by vijay m Indian Lawyer 7 · 2 0

I could gather from your question that you reside in Delhi, which is in India. Further, you are a married person and want to register your marriage now, also would like to know where to register and the documents needed for registration etc.

I can tell you, if your question is based on actual need, no person can give an authentic answer in this regard due to the reasons given below specially through internet:

(1) You are living at Delhi, but your's or your spouse's
Citizenship is not clear which is a most important
factor for registration of ,marriage.

(2)) Your and your spouse's religion is not told which is
also most important to Indian Conditions.

(3) It is also necessay to know the form of marriage
such as, as per Religious rites, Arya Samaj Temple etc.

I therefore sincerely advise you to approach a lawyer specialised on such matters and seek his opnion which may cost you little money in the form of lawyer fee etc. But this will definitely be the answer to your question. Best wishes.

2007-11-30 11:13:46 · answer #2 · answered by mollyvarg 3 · 0 0

1 where were u married ,may be u need attestation ,

2007-12-02 06:38:00 · answer #3 · answered by Anonymous · 0 0

A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under the Special Marriage Act, 1954.

Further, marriage can be solemnised between any two persons under the provisions of the Special Marriage Act, 1954.

Registration of Marriages which have already been solemnised.
Solemnisation of Marriage under Special Marriage Act
Degree of Prohibited relationship as per the Hindu Marriage Act,
Degrees of Prohibited relationship as per the Special Marriage Act
The First Schedule [Degree of Prohibited Relationship]
Registration of Marriages which have already been solemnised.

Q1. What is the procedure for Solemnization of marriage / Registration of marriage?
i. Procedure for Registration under HMA.
ii. Procedure for Registration under SMA.
iii. Procedure for Solemnization of marriage under SMA.

Q. Where do I have to go and during which hours?
To the office of Additional Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 p.m. on any working day. The office is located in the DC office complex on main Mehrauli Badarpur Road and near Anupam Appt. for assistance of public, recption counter is manned during the offical hours for proper guidance. Necessary forms can also be obtained from Reception Counter or can be downloaded from this site.

Q. Which papers/documents/fees, do I have to take with me?
1. Hindhu /Special marriage Application form duly signed by both husband and wife. 2. Hindhu/Special marriage Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act. 3.Residential proof of husband and wife . 4.In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO). 5. Hindhu marriage Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality. 6.Two Hidhu/Special marriage passport size photographs of both the parties and one marriage photograph. 7.Marriage invitation Hidhu marriage card, if available. 8. Hidhu marriage If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage. 9.Rs. 10/- in case of Hindu Marriage Act and Rs.15/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form. 10.Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be. For details of such relationships Click here. 11.Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower. 12.In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act). 13. In case one of the parties is a foreign national, no objection certificate/marital Status certificate from the concerned embassy.

All documents excluding receipt should be attested by a Gazetted Officer.

Q. What will be the criteria used while deciding my case?
A) Hindu Marriage Act

Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, alongwith a Gazetted Officer who attended their marriage, need to be present before the ADM. The Certificate is issued on the same day

B) Special Marriage Act
Both parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to marriage officer of the area where either of the parties having present/permenent address. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the ADM. Both parties alongwith three witnesses are required to be present on the date of registration/Solemenzation. For filing objection, register is available with the Dealing Assistant in the office of ADM(S).

Q. Are the advocates required for registration/ Solemenization.
Both the registration under HMA & SMA and solemenization of marriage under SMA is a very simple procedure and doesnot required any LEGAL HELP / ASSISSTANCE. It is advised that parties should present their case directly.

Q. What are the relevant Forms?
One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to marriage officer of the area where either of the parties having present/permenent address.

Q. When will I get a response?
In case of Hindhu Marriage Act, at the time of filing duly completed application form, a due date vide acknowledgement of receipt of application form is given . On that date necessary formalities can be completed. In case of registration / solemnization of marriage under Special Marriage Act, notice of 30 days after appearance of both the parties the marriage officer is mandatory. Once the application alongwith the prescribed document is presented, the date for appearance before the marriage officer is given vide acknowledgement

Solemnisation of Marriage under Special Marriage Act

Special Marriage Act, 1954 provides for solemnisation of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners have been authorised as Marriage Officers for this purpose.

Q. What will be the criteria used while deciding my case?
For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the ADM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt. If the ADM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the ADM solemnises the marriage after 30 days of the notice. Both parties alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.

Degree of Prohibited relationship as per the Hindu Marriage Act, 1955

Section 3 (f):

i."Sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

ii.two persons are said to "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;8

Section 3 (g):

"degrees of prohibited relationship" - two persons are said to be within the "degrees of prohibited relationship" -

i.if one is a lineal ascendant of the other; or ii.if one was the wife or husband of a lineal ascendant or descendant of the other; or iii.if one was the wife of the brother or the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or iv.if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Explanation - For the purposes of clauses 3(f) and 3(g), relationship includes -

i.relationship by half or uterine blood as well as by full blood; ii.illegitimate blood relationship as well as legitimate; iii.relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.

Degrees of Prohibited relationship as per the Special Marriage Act, 1954

Section 2 (b):

"Degrees of prohibited relationship" - a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.

Explanation (I) - Relationship includes, --
a. relationship by half or uterine blood as well as by full blood;
b. illegitimate blood relationship as well as legitimate;
c. relationship by adoption as well as by blood;

and all terms of relationship in this Act shall be construed accordingly.

Explanation (II) - "Full blood" and "half blood" - two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) - "Uterine blood" - two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation (IV) - In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;

The First Schedule [ Degree Of Prohibited Relationship]
PART - I
Mother.
Father's widow (step mother).
Mother's mother.
Mother's father's widow (step grand-mother).
Mother's mother's mother.
Mother's mother's father's widow (step great grand-mother).
Mothers's father's mother.
Mother's father's father's widow (step great grand-mother).
Father's mother.
Father's father's widow (step grand-mother).
Father's mother's mother.
Father's mother's father's widow (step great grand-mother).
Father's father's mother.
Father's father's father's widow (step great grand-mother).
Daughter.
Son's widow.
Daughter's daughter.
Daughter's son's widow.
Son's daughter.
Son's son's widow.
Daughter's daughter's daughter.
Daughter's daughter's son's widow.
Daughter's son's daughter.
Daughter's son's son's widow.
Son's daughter's daughter.
Son's daughter's son's widow.
Son's son's daughter.
Son's son's son's widow.
Sister.
Sister's daughter.
Brother's daughter.
Mother's sister.
Father's sister.
Father's brother's daughter.
Father's sister's daughter.
Mother's sister's daughter.
Mother's brother's daughter.

2007-11-30 08:49:11 · answer #4 · answered by Rohit 4 · 0 0

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