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Marriage Registration FAQ's
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Q. We are planning a
Registered Marriage in 2 months. How do we
start the formalities?
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A. You have to file an
application before the Registrar of marriages
in your district (where either one of you has
resided for a period not less than 30 days).
This application is placed at the notice board
of the Registrar's office and objections, if
any, are invited. If no objection is received
within 30 days, the marriage may be solemnized
under the Special Marriage Act 1954.
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Q. How many witnesses are
required to register a marriage? What all
documents have to be produced?
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A. Three witnesses at the office of
the marriage registrar on the date of
solemnizing (both of bride and groom can
produce the same witnesses).
The documents required are,
a) Proof of age
b) Proof of residence
c) 2 passport size
photographs
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Q. Do we require a Lawyer?
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A. Yes. A Lawyer’s guidance is
appreciated.
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Q. Being an NRI, how to
register our marriage in any of the Indian
cities?
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A. Hindu marriage can be registered
at the registrar's office in whose
jurisdiction; the marriage was solemnized,
under Sec. 8 of the Hindu Marriage Act, on
payment of the prescribed fee. You both will
have to affix your signature, to the form.
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Q. I am having a Hindu
Marriage. Do I need to register the marriage on
the same date? What are the formalities
involved?
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A. The marriage need not be
registered on the same day, but at the
earliest. You and your spouse will have to
visit the office of the Registrar of Marriage
with proof of marriage (invitation card, ration
card, proof of age and three witnesses). The
marriage can be registered in the jurisdiction
(where the marriage took place or where either
one of you reside) after completion of
prescribed form i.e. Form D, Memorandum of
Marriage.
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Q. Does a ceremony need to
be performed for a marriage to be valid under
the Hindu Marriage Act?
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A. There can be no valid Hindu
marriage unless a ceremony is performed. Under
the Hindu Law, there can be registration of a
marriage unless a valid ceremony is performed.
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Q. After marriage what
legal steps should a couple take?
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A. After marriage every couple is
advised to make a will bequeathing their estate
in order to avoid ambiguity or disputes
relating to their property in the unlikely
event of untimely death. One may also review
their nominations under insurance policies,
society or club memberships, provident fund,
shares and other securities. Intestate
succession (i.e. succession in case of deceased
leaving no will), to the estate of a Hindu is
governed by the Hindu Succession Act, 1956 and
allied laws. While intestate succession to the
estate of persons of other faiths is governed
by the Indian Succession Act, 1925.
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Q. Is the Special Marriage
Act applicable only if it is an inter-religious
marriage?
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A. No. Parties to a marriage have the
option of either marrying under their
respective religious laws (Hindu Marriage Act,
Indian Christian Marriages Act, etc.) or under
the Special Marriage Act. If the parties choose
that they will not marry under any of the
religious laws or if it is an inter-religion
marriage, they can opt for registering their
marriages under the Special Marriage Act.
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Q. What are the conditions
for a valid marriage under the Special Marriage
Act?
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A. The parties to a marriage have to
be consenting adults i.e. the Bridegroom should
be over 21 years and bride over 18 years. The
parties should be unmarried and within the
degrees of a prohibited relationship. Financial
status, caste and religion of either party does
not matter.
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Q. I do not plan to change
my maiden name after marriage. Do I need to
indicate this to the Registrar of Marriages?
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A. No, the same is not required.
There no legal requirement for women to change
their name or surname post marriage. |
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