Date : 20 Apr, 2021
Post By Jonica E
Marriage, in India, is considered synonymous with a religious affair and has been followed since time immemorial. This institution is given due respect and consideration, immaterial to the castes, creed, and religion. Marriage also marks the foundation of ‘Family’ which again is a vital institution of society. In fact, one of the key components of ‘society’ is the ‘marriage’ between two individuals. Conducting a marriage also comes up with collateral rights and duties as this is governed by laws, rules, customs, beliefs, and usages. The children born of a marriage are also accorded legal statuses apart from other social benefits. Couples, after marriage, need to register themselves in order to give it legal status. The registration is done as per different laws existing in India. After the registration, a registration certificate is issued which acts as a kind of evidence that the couple’s marriage is legal and valid. Apart from acting as evidence, the registration also entails other benefits viz., procuring government documents, banking facilities, insurance benefits, etc. Further, this document is also important in the cases of custody of the child, divorce, distribution of property, etc. The Special Marriage Act, 1954 and The Hindu Marriage Act, 1955 are the two most important legislations in India under which marriage has to be registered. Consult the best lawyer online The Special Marriage Act, 1954 deals with inter-religious marriages i.e., either the husband or the wife or even both of them should not be Hindus, Sikhs, Jains, or Buddhists. Whereas as per the Hindu Marriage Act, 1955, it is pertinent that the couple should be Hindus, Sikhs, Jains, or Buddhists or at least gets converted to these. Apart from the aforementioned legislation, there are some other specific legislations as well which deal with the registration of marriage of couples belonging to the same religion viz., The Indian Christian Marriage Act of 1872, the Parsi Marriage and Divorce Act, 1936, etc. Applying for Marriage Certificate in Delhi: In order to get a marriage certificate in Delhi, the adhering requirements have to be fulfilled: Both or either one of the couples should be an Indian citizen; Marriage has taken place in the territory of NCT of Delhi; The age of man should be at least 21 years and that of the woman should be at least 18 years, as per the date of marriage; During registration, neither one of the couples should have a living spouse; The parties are legally capable of giving valid consent as on the day of registration and should be of sound mind; The couple should be fit for marriage; Either of the spouses should have a permanent residence in the district of the office where marriage is to be registered. If the marriage is being registered under the Special Marriage Act then either one of the couples should be residing in that district for a minimum of 30 days prior to the date of registration; In case the marriage is being registered under Hindu Marriage Act, then apart from both the spouses being Hindu, Sikh, Jain, or Buddhists, they should not be “sapindas” of each other until they are allowed as per their customs or usages.
Documents Required for Applying for Marriage Certificate in Delhi: Following Identity Proofs for Bride and Groom: Aadhar/PAN/Voter Card Passport Driving Licence Ration Card with photograph Any other document so recognized by Government Following proofs of Date of Birth for the Bride and the Groom: Aadhar Card Driving License Passport Hospital Report Birth Certificate Doctor’s Report Address Proof before and after the marriage of the Bride and the Groom: Aadhar Card Voter Id Card Passport Driving License Ration Card Passport Electricity/Water/Gas/Telephone Bill Passbook of any Bank Rent Agreement of House Any other document so recognized by Government Identity proof of the witness: Aadhar/PAN/Voter Card Passport Driving Licence Ration Card with photograph Any other document so recognized by Government Permanent Resident Proof of witness: Aadhar Card Voter Id Card Passport Driving License Ration Card Passport Electricity/Water/Gas/Telephone Bill Passbook of any Bank Rent Agreement of House Any other document so recognized by Government After getting all the above documents ready, an appointment has to be sought which can be done either online or by visiting the court in the concerned district. Procedure for online Appointment: Visit the website of http://edistrict.delhigovt.nic.in/ Click on ‘Registration of Marriage’ If not registered, then register by giving the appropriate details After registering, log in through the required credentials The Applicant’s details are also to be filled then Then select the correct locality, as it also depended on the SDM Office so appointed for registration Then select ‘Registration of Marriage Certificate’ Then fill the form and upload the relevant documents After this select the date of appointment and then click on ‘Submit Application’ The acknowledgment so received then has to be printed SDM’s Office Visit: After requesting an online appointment, all the documents have to be prepared and kept in a separate file, and pay a visit to the SDM’s office on the appointed date and time. Once the documents are verified there, along with those of the witnesses’, an email will be received which will have the temporary marriage certificate which has then to be printed, signed, and then has to be mailed back. After this, a final certificate will be sent to the applicant, duly signed by the SDM. Get in touch with the best lawyer online Tatkal Marriage Certificate: The concept of a tatkal marriage certificate is that one who wishes to get tatkal marriage on an urgent basis, can apply under this. In this process, the applicant gets the marriage certificate within 24 hours of their application. This process had been initiated by the Revenue Department of the Delhi Government wherein the registration process of marriage is undertaken on priority. Under this process, the couple has to pay a visit to the SDM’s office with all the relevant documents viz., identity cards, address proofs, duly signed forms, proof of date of births, passport size photographs, marriage affidavits of both husband and wife in a separate way, separate marriage invitation cards as well as the aadhar cards. After the payment of tatkal marriage registration fees, the couples are then given the appointment to meet the SDM. The SDM then asks some questions to the couple concerning their certification. When this all process is over, the couples individually are issued certificates which are uploaded on the e-district ID within twenty fours hours. The application fees in tatkal marriage certification are way higher than that of the normal registration. WHY LAWTENDO? Lawtendo has a vast pool of experienced and noted lawyers, of more than 15000 in numbers, from all over India who are profoundly enthusiastic and energetic to accord all kinds of legal services to their customers.