Mumbailawyer.in

How to Register Marriage in Mumbai

Marriage registration is a legal requirement in India that provides official recognition to a marriage, ensuring the rights and responsibilities of both parties are protected. In Mumbai, marriage registration can be done under two main laws: The Hindu Marriage Act, 1955 or The Special Marriage Act, 1954. The process involves several steps, documentation, and compliance with legal procedures. This article provides a detailed guide on the procedure for registering a marriage in Mumbai.

1. Overview of Marriage Registration Laws

Before understanding the procedure, it’s essential to know under which law your marriage will be registered:

– Hindu Marriage Act, 1955: Applicable to Hindus, Buddhists, Jains, and Sikhs. It applies when both the bride and groom are Hindus.

– Special Marriage Act, 1954: Applicable to all Indian citizens, irrespective of religion. This Act is typically used when the bride and groom belong to different religions or if they wish to get married under a civil ceremony.

2. Eligibility Criteria

To register a marriage under either Act, certain eligibility criteria must be met:

– Age Requirement: The groom must be at least 21 years old, and the bride must be at least 18 years old.

– Consent: Both parties must give their free and voluntary consent for the marriage.

– Marital Status: Both parties must be unmarried. If previously married, they must be legally divorced or widowed.

– Prohibited Relationships: The marriage must not fall within the degrees of prohibited relationships as per their respective personal laws unless custom or tradition permits it.

3. Documents Required for Marriage Registration

To register a marriage in Mumbai, the following documents are typically required:

– Application Form: Duly filled and signed by both parties.

– Proof of Age: Birth certificate, school leaving certificate, or passport for both parties.

– Address Proof: Aadhar card, Voter ID, passport, or any other government-issued document for both parties.

– Passport-sized Photographs: Usually 3 to 4 photographs of the bride and groom.

– Wedding Invitation Card: Not mandatory but helpful for verification.

– Affidavit: Stating the date and place of marriage, marital status at the time of marriage, and affirmation that both parties are not related within the degree of prohibited relationship.

– Marriage Photograph: A photo of the wedding ceremony, showing the bride and groom performing the marriage rituals.

– Identity Proof of Witnesses: Three witnesses (adults) need to provide identity proof such as Aadhar card, Voter ID, or passport.

4. Procedure for Marriage Registration under Hindu Marriage Act, 1955

If both the bride and groom are Hindus, Buddhists, Jains, or Sikhs, the marriage can be registered under the Hindu Marriage Act. The procedure is as follows:

Step 1: Visit the Sub-Registrar Office

– The couple needs to visit the local Sub-Registrar office (where either the bride or groom resides) to apply for marriage registration.

Step 2: Fill the Application Form

– Obtain the application form from the office or download it from the official website of the Maharashtra Government. Fill in all the required details accurately.

Step 3: Submit the Documents

– Submit the duly filled application form along with all the required documents. Ensure that the documents are attested by a Gazetted Officer or Notary.

Step 4: Verification of Documents

– The Registrar will verify the submitted documents. If everything is in order, a date for registration will be fixed.

 

Step 5: Marriage Registration

 

– On the scheduled date, both the bride and groom, along with three witnesses, must visit the Sub-Registrar’s office. The couple and witnesses will sign the marriage register.

Step 6: Issuance of Marriage Certificate

– After the registration is complete, the marriage certificate is issued on the same day or within a few days. This certificate is a legal proof of marriage.

5. Procedure for Marriage Registration under Special Marriage Act, 1954

The Special Marriage Act is applicable to all citizens of India, irrespective of religion. This Act also allows for inter-religious marriages. The procedure under this Act is slightly different:

Step 1: Notice of Intended Marriage

– The couple needs to give a notice of their intended marriage to the Marriage Officer (Sub-Registrar) in the area where at least one of them has resided for at least 30 days before the notice.

Step 2: Publication of Notice

– The notice of marriage is published by the Marriage Officer and kept on the office notice board for 30 days. During this period, anyone can raise objections to the marriage.

Step 3: Addressing Objections

– If any objections are raised, the Marriage Officer will investigate and decide whether the marriage should proceed.

Step 4: Registration of Marriage

– If no objections are raised, or if the objections are found to be invalid, the marriage can be solemnized after the 30-day notice period. The couple must sign a declaration in the presence of the Marriage Officer and three witnesses.

Step 5: Issuance of Marriage Certificate

– After the marriage is solemnized, the Marriage Officer will register the marriage in the marriage register and issue a marriage certificate. This certificate is legally valid and serves as proof of the marriage.

6. Timeline and Fees

Timeline

– Hindu Marriage Act, 1955: The marriage can typically be registered on the same day if all documents are in order.
– Special Marriage Act, 1954: There is a mandatory 30-day notice period before the marriage can be registered.

Fees

– The registration fee varies depending on the state and specific office. In Mumbai, it typically ranges from INR 100 to INR 1,000, depending on the act under which the marriage is registered and whether it is a same-day registration or involves a notice period.

7. Online Marriage Registration Process

Mumbai also offers an online marriage registration process for convenience:

Step 1: Visit the Official Website

– Go to the official website of the Maharashtra Government’s Registration and Stamps Department.

Step 2: Create an Account

– Register on the website by creating a user ID and password.

Step 3: Fill the Online Application

– Select the option for marriage registration, fill in all the required details, and upload the necessary documents.

Step 4: Appointment Booking

– After submitting the form, book an appointment at the Sub-Registrar office for document verification.

Step 5: Visit the Sub-Registrar Office

– On the appointed date, visit the office with the original documents for verification. If everything is in order, the registration will proceed.

Step 6: Collect Marriage Certificate

– Once the marriage is registered, the certificate can be collected from the office or downloaded online.

8. Importance of Marriage Registration

Marriage registration is not only a legal formality but also has significant implications:

– Legal Recognition: A registered marriage provides legal recognition and protection to both parties, ensuring that their rights are safeguarded.
– Proof of Marriage: The marriage certificate serves as proof of marriage, which is essential for various legal, social, and financial purposes.
– Legal Aid in Disputes: In case of marital disputes, a registered marriage provides a legal basis for seeking redressal through the courts.
– Facilitates Visa and Immigration Processes: A marriage certificate is often required when applying for visas, passports, or immigration processes.

9. Conclusion

Registering your marriage in Mumbai is a straightforward process if you follow the correct procedures and ensure all necessary documentation is in place. Whether you choose to register under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, it is crucial to complete the registration to ensure your marriage is legally recognized. This not only provides legal protection but also facilitates various legal and administrative processes in the future.