+91 9003080256, 044-43192211 [email protected]

Mon-Sat 10 AM - 5.30 PM

emo civil marriage procedure in India

More
3 years 5 months ago #840

There are two procedures to register marriage in India. The first is to marry first as per the custom of any religion and then arrange for the marriage registration. The second way is to register your marriage first in the court, which is called registered marriage. It is not necessary to give any prior notice to the court in case you select the first method of registration. You have to submit the application in the prescribed forms that are available in all marriage registrar offices, situated in all the cities. It is required to get this form signed by the priest who has performed the marriage along with the signatures of the bride and the bridegroom. Some of the marriage photographs and the printed invitation cards for the marriage are required to be attached certifying that the marriage has actually taken place. The minimum age of the boy should be 21 years and the age of the girl should be 18 years in India for a legal marriage. Once this application form duly signed by all is submitted, the marriage certificate shall be issued to you within the period of around 2 days. Make sure to issue at least 6 to 8 certified copies of marriage certificate as it would be necessary to submit such certificate at various places like banks, insurance companies, and consulates for visa issuance purpose. Though, such certificate is generally issued in the regional language, insist to get such certificate in English as the certificate in English shall be considered valid at the international level for foreign travel purposes. Some nominal fees of around Rs.10 per copy are charged by the marriage registrar office for issuing the marriage certificate. This procedure is quite simple and you can easily get your marriage certificate within a short period of around 7 days of your marriage without any major hassle.

The second procedure of actually doing the marriage in the court is quite complicated and needs the help of a lawyer. In this case, you are required to submit your willingness to marry in writing at least one month in advance along with the birth certificates of both boy and a girl, the proof of the address for both, 6 passport size photographs of each, and couple of well known witnesses from both the sides. Moreover, both the boy and the girl must have stayed in that local area for at least last one month. The court will then put the names of the boy and a girl who want to marry on the court notice board for the period of one month. If anybody has any objections to this marriage, they can register their objections in writing with the specific reasons to the court. In that case, if the court feels that the reasons are valid, such marriages are not registered. If no objection is registered within a period of one month, the boy and the girl can go to the court on the thirty first day with their witnesses and do the marriage registration in front of the marriage registrar by signing in the record register. The marriage certificate shall be issued thereafter. As you can see, this second procedure of marriage registration is slightly complicated, time consuming, and may need some legal help. This procedure is generally selected in case the parents of the boy or a girl are not in agreement of the marriage.

Some precautions are required in issuing the marriage certificate. Both the names of the boy and the girl must be exactly spelled same as per passport. As otherwise, it will create legal complications at a later date at the time of issuing the visa for traveling abroad. The marriage date, place, and the time also must be specified very clearly and should be the same in all the documents.

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #841

Find FAQ about Court Marrage :

FREQUENTLY ASKED QUESTIONS (FAQ):

PROCEDURE FOR SOLEMNIZATION OF MARRIAGE UNDER THE SPECIAL MARRIAGE ACT, 1954 & THE KERALA SPECIAL MARRIAGE RULES, 1958

The District Registrars and Sub Registrars are Marriage Officers as per the Act. The Special Marriage Act extends to the whole of India except the state of Jammu and Kashmir and applies also to citizens of India domiciled in the territories to which; this Act extends who are outside the said territories.
Solemnization of special Marriages
A marriage between any two persons may be solemnized under this Act provided the following conditions are satisfied. Namely: -
1. Neither party has a spouse living
2. Neither party is an idiot or a lunatic
3. The male must have completed the age of twenty-one years and female the age of eighteen years.
4. The persons seeking to marry must not be within the degrees of prohibited relationship.

Notice of Intended Marriages
Both the parties to the marriage should give notice in writing in the prescribed form to the marriage officer of the district in which at least one of the parties to the marriage has been residing for a period of not less than thirty days immediately preceding the date on which such notice is given. . A fee of Rs 3 has to be paid for publication of notice. Notice will be published in the office of the Marriage Officer of the district within whose jurisdiction each of the parties to the marriage is permanently residing. The notice may be presented before the marriage officers by both parties in person or by registered post. In the later case a fee of RS 3 for notice charge should be sent by Money Order. The Performa for the notice is given separately. (Please see Notice of Intended Marriage)

Solemnization of marriage
The marriage can be solemnized on expiry of 30 days after clearing objections if any filed. The validity for the notice is 3 months. Before the solemnization of marriage the parties and three witnesses in the presence of the marriage officer should sign declarations in the prescribed form. The marriage can be solemnized in any form, which the parties may choose to adopt. The marriages can be solemnized either with the office of the Marriage Officer or at such other place within a reasonable distance as the parties may desire. A fee of RS 10 has to be paid for solemnization. Certificate will be issued on stamp paper if RS 10 produced by the parties on payment of RS 2/-

Registration of marriages celebrated in other forms
These provision deals with the registration of marriages already are celebrated in forms other than the special marriage Act.
The following conditions should be satisfied for the registration of marriages
1. The couple must have been married in some other forms and they must have been living as husband and wife ever since such marriage.
2. Neither party has more than one spouse living.
3. Neither party is an idiot or lunatic.
4. The parties should complete 21 years of age at the time of registration.
5. Both the parties should reside within the jurisdiction of the Marriage Officer for a period of 30 days.
Marriage Registration
On receipt of application signed by both the parties and also after publication of notice the marriage will be registered on the expiry of the notice period of 30 days. Certificate will be entered in the certificate book and shall be signed by the parties to the marriage and three witnesses.
A fee for RS 10/-has to be paid for registration. Certificate will be issued on stamp paper of RS 10/- produced by the parties and payment of RS 2/-. Services rendered by the Society Registrar (District Registrar)

SCHEDULES :
Schedule 1 Degrees of Prohibited relationship.
Schedule 2 Notice of Intended Marriage
Schedule 3 Declaration to be made by the bridegroom.
Schedule 4 Certificate of marriage.
Schedule 5 Certificate of marriage celebrated in other forms..

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #842

News about marriage registration in Kerala :

Three writ petitions were filed on Wednesday in the Kerala High Court questioning a circular issued by the State government directing to register marriages between males aged below 21 and females aged below 18 but over 16 belonging to the Muslim community and issue them marriage certificates.

The petitions were filed by the Kozhikode based Punerjeni Charitable Trust; Viswa Hindu Parishad, State Committee; and Kerala Yukthivadi Sanghom. The petitioners contended that the circular was against the existing laws.

It was issued with an oblique motive with the connivance of persons with vested interest. It went against the provisions of the Prohibition of Child Marriage Act. In fact, the circular perpetuated and justified the social evil of child marriages, the petitioners alleged.

By issuing the order, the government had deviated from its constitutional and statutory duties. The government should have taken steps to implement the provisions of the Prohibition of Child Marriage Act instead of issuing such illegal circular.

The contention that marriages were voidable under the Act was not correct.

Such marriages were void. The stand that personal laws permitted such marriages was unjustified in view of the Prohibition of Child Marriage Act.The contention that personal laws of Muslims, Christians, and other communities allowed such marriages was untenable after the Act which fixed the marriageable age of a person came into force.

The petitioner sought a directive not to register the marriages between a male of below 21 years and female of below 18 years.

Meanwhile, according to the information received by the Punerjeni Charitable Trust from the social welfare department, as many as 26,442 marriages between girls aged between 13 and 18 took place in Malappuram district during 2001-02 while a total of 17,026 marriages between the same age group were held in Malappuram district during 2002-2003. However, during 2007-2009, 5,829 marriages took place in Malppauram. Community wise figures were not available.

The petitioner said the child welfare officers appointed under the Act had been unable to prevent such marriages because of the circular.

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #843

Marriage registration in kerala

Statutory provisions available for the registration of marriages in Kerala state are:

Hindu Marriage Act,1955 and the Kerala Hindu Marriage Registration Rules,1957
( Applicable to Hindus, Buddhists, Jainas and Sikhs and registration done at the local government where marriage solemnization occurred)

Kerala Registration of Marriages (Common) Rules, 2008
(Applicable to all and registration done at the local government where marriage solemnization occurred)

Special Marriage Act, 1954 and the Kerala Special Marriage Rules, 1958
(Applicable to all and marriage solemnisation & registration or registration done before any Sub Registrar at the Sub Registrar Office of Registration Department)


THE KERALA REGISTRATION OF MARRIAGES (COMMON) RULES 2008

All marriages solemnized in the State after the commencement of these Rules shall compulsorily be registered irrespective of religion of the parties. Marriages are registered at panchayat/municipalities/corporation offices. Application has to be submitted within 45 days from the date of solemnization of marriage. There is prescribed form for filing application (Form No.1) which is available free of cost at the offices of the registrar. Parties to the marriages and two witnesses should be present at the time of registration. A registration fee of rupees one hundred shall be payable along with the submission of the memorandum for registration.(marriage certificate fee of Rs.20/- can also be paid at the time of registration. ie; total Rs.120/-). For SC/ST/BPL persons fee for registration will be Rs.10/-

Documents needed for registration:
1) Memorandum in duplicate in Form No. I along with one passport size photo each of husband and wife (Total three photos needed. Two photos for affixing in memorandum and one in marriage register )

(2)A copy of the certificate of marriage issued by the religious authority concerned or a declaration from a Gazetted Officer/Member of Parliament/Member of Legislative Assembly/Member of a Local Self Government Institutions in Form No. II
(3) Attested copy of S.S.L.C Book/passport/driving licence/extract of school admission register or other records issued by Government showing date of birth

Delay registration:
Marriages solemnized after the commencement of these Rules, in respect of which no memorandum is filed within the period of forty-five days and a period of one year has not expired from the date of such solemnization, may be registered subject to sub-rule (3) by the Local Registrar after imposing a fine of rupees one hundred. In such cases the memorandum shall be filed together with a declaration from a Gazetted Officer/Member of Parliament/Member of Legislative Assembly/Member of a Local Self Government Institutions in Form No. II appended to these Rules or with any other document to prove the solemnization of the marriage to the satisfaction of the Local Registrar.

Registration of marriages after one year:Marriages solemnized after the commencement of these Rules in respect of which no memorandum for registration is filed within one year of its solemnization and marriages solemnized before the commencement of these Rules in respect of which no memorandum for registration was filed before the expiry of 31-12-2010 shall subject to sub-rule (3) of Rule 9, be registered, by the Local Registrar with the permission of the Deputy director of panchayat and on payment of a fine of rupees two hundred and fifty. In such cases also the memorandum shall be filed together with a declaration from a Gazetted Officer/Member of Parliament/Member of Legislative Assembly/Member of Local Self Government Institutions in Form No. II appended to these Rules.

Common Marriage Registrations - Furnishing of application using web service
Important Notice:-
As regards any matter mentioned in these notes, the Kerala Registration of Marriages (Common) Rules 2008 and amendments there on with directions from appropriate authorities issued from time to time are final and binding.
General Information
1. Under the Kerala Registration of Marriages (common) Rules 2008, registration of marriages became mandatory, for the marriages which was solemnized since 29.02.2008. Accordingly all the Grama Panchayats, Municipalities, Corporations and Kannur Cantonment are designated as registration units and are carrying out registration as per the said rules
2. Marriages are to be registered in the respective Grama Panchayat, Municipality or Corporation where the marriage is solemnised. For this purpose, the parties to a marriage shall prepare a memorandum in duplicate in FORM I and submit the same to the concerned local body with the prescribed fee of ten rupees for BPL, SC/ST and one hundred for others. The memorandum should be signed by both parties to the marriage along with two persons as witnesses. The form should be accompanied by copy of the certificate to prove age, marriage solemnisation etc.
3. If the application is submitted after 45 days of solemnisation and within one year of marriage, a certificate in Form II with a fine of rupees one hundred should also be remitted. If submitted after one year, the application should be accompanied by a fine of rupees two hundred and fifty. In cases of delayed applications submitted after one year of solemnisation, the registration will be done only after getting condonation from Registrar General (Deputy Director of Panchayat) of the concerned District.
4. The following Documents are to be submitted along with Form 1:-
i. Attested copy of the certificate to prove age of husband
ii. Attested copy of the certificate to prove age of wife
iii. Copy of the certificate from auditorium or marriage place / religious authority concerned or a declaration in form II from a MP/MLA/Gazetted officer/ Member of Local Self Government Institution, regarding solemnization of marriages.
iv. Marriage invitation letter (optional)
v. Form 2 certified by a Gazetted officer or elected representatives or any other proof of solemnisation of marriage to the satisfaction of Local Registrar/Registrar General in case of delayed applications
vi. For age proof documents such as SSLC book, driving license, Passport, School admission register, or other records issued by Government will be accepted.
5. The husband and wife should appear personally before the Registrar and sign in the marriage Register. A fee of Rupees 10 is to be paid for getting marriage certificate
6. The present process of marriage registration is time consuming, as the registration officials have to enter all the required details in form 1 electronically. (Form III register manually where no electronic registration is done )
7. To ease out the time consuming process, Information Kerala Mission had developed a module in the Civil Registration (Common Marriage) application software for e-furnishing application of marriage registration form (Form I) under common marriage rules.
8. By utilising this facility, an electronic copy of Form 1 can be submitted through web alongwith uploaded scanned photos for registration of marriages under the Kerala Registration of Marriages (common) Rules 2008.
9. This can be done only in the Local bodies where the following facilities are available :-
i. Registration under Common Marriage rules are carried out using Sevana Civil Registration (Common Marriage) application software.
ii. Local bodies established KSWAN or BSNL-VPN connectivity.
iii. Birth, Death and Marriage data is maintained, uploaded and updated regularly to the State Data Centre.
iv. The local bodies who have updated the Masters.
Important Notice:-
v. The e-furnishing of data will not be considered as the statutory filing of memorandum for marriage registration as prescribed in the rule.
vi. As per the existing rule, the husband and wife should appear before the registrar for signing for registration of the marriage.

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #873

Civil Marriage Procedure for Foreigners in India

The Special Marriage Act of 1954 has provision for civil marriages. Those who do not want their marriage to be a religious ceremony can go in for this choice.

Marriage between an Indian and a foreign national is done under this act. The procedure for civil marriage is the same as a marriage under the Special Marriage Act.

The approach will be like this.

Ø Notice of intended marriage must be filed with a Marriage Registrar in India.

Ø Notice must be published and objectors can send in their views within 30 days.

Ø At the end of 30 days, the Marriage Registrar performs the marriage.

This is applicable only if at least one partner is permanently and the other partner is temporarily residing in India.

In case one of the partners is in a foreign country, then a different procedure is to be followed.

Ø The partner residing in India must collect the ‘Marriage Notice’ from a Marriage Registration Office anywhere in India.

Ø After filling the form on his/her part, the person must send it to the partner in the foreign country to fill the form.

Ø The notice has to be received back in India after the bride and groom have filled their forms.

Ø The notice is resubmitted at the Marriage Registration Office.

Ø A certificate with the signature of the bride and groom, the registrar and the witnesses will be issued.

This certificate will be treated as a proof of the marriage while applying for visa to the foreign country.

In any case, it is required of the parties to wait for 30 days at least, from the date of initial application so that the Marriage Registrar can publish a newspaper ad to invite objections.

The following documents are required for both the partners:

Ø Valid Passport

Ø Original Birth Certificate mentioning parents' names

Ø If the person concerned is widowed, the original death certificate of the deceased spouse

Ø If divorced, copy of the final decree

Ø Documentary evidence regarding stay in India of the parties for more than 30 days (Ration card or report from the concerned SHO)

Ø Citizen of a foreign country may be required to submit a “No Objection Letter” from the Embassy or Consulate of his/her country, along with proof of termination of previous marriages (if applicable).

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #874

Court Marriage Procedure in Chennai

Court marriage is solemnized under the Special Marriage Act. Court marriages many involve the holy union of two Indian citizens or one Indian citizen with a foreigner without regard to religion, caste or creed.

The procedure to be followed for a court marriage is as follows.

Ø Engage a lawyer who would move a joint application for marriage before the marriage officer.

Ø Along with this, individual affidavit specifying the age must be attested by notary public and submitted.

Ø The court will put up a notice of 30 days seeking if there’s any objection.

Ø If any objection is received, it must be investigated and resolved within 30 days.

Ø After this, the documents of issuance of notice of intended marriage must be submitted to the Marriage Officer along with three witnesses.

For solemnizing the marriage, here is the clear list of the process’ steps:

Ø The Marriage Registrar will receive the application/notice.

Ø The notice will be affixed of the notice board outside the office.

Ø A copy of the notice will be sent to the marriage officer of the other person’s jurisdiction and copies of the notice will be sent to the residential addresses of both the parties.

Ø After the time period for receiving objections expires, the date of court marriage can be fixed (if there are no objections made).

Ø On the decided date, both parties along with three witnesses are required to be present.

Ø And finally, the marriage will be solemnized on that date.

In cases where the marriage takes place in venues like temples, gurudwara, arya samaj mandir, etc., then you can follow these steps.

Ø Engage a lawyer to move a joint application for registration before the Marriage Registrar.

Ø The already solemnized marriage must be registered under a specific marriage act.

Ø Hindu Marriage Act is applicable if both husband and wife practice Hinduism, Buddhism, Jainism or Sikhism.

Ø If one of them belongs to any of the above mentioned religions, then the marriage can be registered under Special Marriage Act.

Documents Required for solemnization of Court Marriage

Ø 5 copies of passport size color photographs of both bride and the groom
Ø Date of birth proof of both parties (Photo copy of Matriculation Certificate or Birth Certificate only).
Ø Address proof (Voter Card / Passport / Aadhar Card/ Ration Car / Driving License / Bank Passbook / Lease Deed /Rent Deed) of the marrying persons.
Ø ID proof (Photo copy of D.L/Voter ID Card / Aadhar card / Passport / Pan Card/ etc).
Ø (If any party is a divorcee), certified copy of Decree of Divorce granted by the Court.
Ø (If any party is widow / widower), Death Certificate of the dead spouse.
Ø (If any party is a foreign citizen or holds a foreign Passport or is having foreign residential address)- Certificate of Present Marital Status of the party/ No Impediment Certificate / NOC from the concerned Embassy and Valid VISA.

Please Log in or Create an account to join the conversation.