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11 months 1 week ago #913

Marriage Certificate and Registration
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, 1955
Degrees of Prohibited relationship as per the Special Marriage Act, 1954
The First Schedule [Degree of Prohibited Relationship]

Registration of Marriages which have already been solemnised.

Q. Where do I have to go and during which hours?

To the office of Sub-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.Click Here to obtain the contact address of the SDM in whose jurisdiction in your colony lies.
Q. Which papers/documents/fees, do I take with me?

Application form duly signed by both husband and wife.
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.
Ration card of husband or wife whose area SDM has been approached for the certificate.
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).
Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
Two passport size photographs of both the parties and one marriage photograph.
Marriage invitation card, if available.
If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
Rs. 100/- in case of Hindu Marriage Act and Rs.150/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form.
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.
Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
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).
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 SDM. 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 both parties as per address given by them. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the SDM. Both parties alongwith three witnesses are required to be present on the date of registration.
Q. What are the relevant Forms?

Click here for Application Form for registration of marriage under Hindu Marriage Act.
Click here for Application Form for registration of marriage under Special Marriage Act.
Click here for Identification Certificate a)any person having PAN of income Tax (OR) b) any officer/official of Central or State govt. or UT Administration or PSU/Autonomous bodies whose identity can be established
Click here for Affidavit
Q. When will I get a response?

You should be getting a response normally within 15 days in case of registration of marriage under Hindu Marriage Act and 60 days under Special Marriage Act.



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. Where do I have to go and during which hours?

To the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 Noon on any working day. Click Here to obtain the contact address of the SDM in whose jurisdiction in your colony lies.
Q. Which papers/documents/fees, do I take with me?

Application form duly filled and signed by the bride and the groom.
Fee of Rs.15/- is to be deposited with cashier of District and the receipt should be attached with the form.
Documentary evidence of date of birth of both parties (Matriculation Certificate/Passport/Birth Certificate).
Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned SHO).
Separate affidavits from bride and groom giving:
Date of birth.
Present marital status: unmarried/widower/ divorcee.
Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
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 SDM. 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 SDM 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 SDM 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.
Q. What are the relevant Forms?

Click here for relevant Form

Q. When will I get a response?

You should be getting a response normally within 60 days.



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

Section 3 (f):

"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;
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;
Section 3 (g):

"degrees of prohibited relationship" – two persons are said to be within the "degrees of prohibited relationship" –
if one is a lineal ascendant of the other; or
if one was the wife or husband of a lineal ascendant or descendant of the other; or
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
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 –
relationship by half or uterine blood as well as by full blood;
illegitimate blood relationship as well as legitimate;
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, --

relationship by half or uterine blood as well as by full blood;
illegitimate blood relationship as well as legitimate;
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.
Explanation – For the purposes of this Part, the expression "widow" includes a divorced wife.
PART – II
Father.
Mother’s husband (step-father).
Father’s father.
Father’s mother’s husband (step grand-father).
Father’s father’s father.
Father’s father’s mother’s husband (step great grand-father).
Father’s mother’s father.
Father’s mother’s mother’s husband (step great grand-father).
Mother’s father.
Mother’s mother’s husband (step grand-father).
Mother’s father’s father.
Mother’s father’s mother’s husband (step great grand-father).
Mother’s mother’s father.
Mother’s mother’s mother’s husband (step great grand-father).
Son.
Daughter’s husband.
Son’s son.
Son’s daughter’s husband.
Daughter’s son.
Daughter’s daughter’s husband.
Son’s son’s son.
Son’s son’s daughter’s husband.
Son’s daughter’s son.
Son’s daughter’s daughter’s husband.
Daughter’s son’s son.
Daughter’s son’s daughter’s husband.
Daughter’s daughter’s son.
Daughter’s daughter’s daughter’s husband.
Brother.
Brother’s son.
Sister’s son.
Mother’s brother.
Father’s brother.
Father’s brother’s son.
Father’s sister’s son.
Mother’s sister’s son.
Mother’s brother’s son.

Explanation – For the purposes of this Part, the expression "husband" includes a divorced husband.

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11 months 1 week ago #914

How to Get Marriage Certificate in Chennai, Tamilnadu through online

There are certain marriage Acts provide some rules that you must abide by, when it comes to marriage
registration in Chennai. The rules for marriage were framed with a
focus on the welfare of both parties. Its aim is to create a strong base for the family that is going to be formed
by two mature, independent individuals. Only if the age criterion is satisfied and there is mutual consent,
there can be legal and emotional space to begin a new life.

All things that come from there are beautiful and so is your wedding! In spite
of the hurry burry and chaos of shopping and grooming for your wedding, days seem like years to wait for
the D-day. And there it finally comes! Once you tie the knot, you take a deep breath of accomplishment.
But wait, there’s one task at the end of the list that most people tend to miss. Yeah! That’s registering your marriage.

We find great pleasure in registering your marriages and helping you to get marriage certificates.
Getting a marriage certificate is not a complicated task, when we are with you. Our team will guide
you on how to get a marriage certificate in Chennai. And I bet you’ll feel blessed to have contacted us.

To begin with, there are simple procedures that you must follow. Make sure that you check the
conditions before you can apply for a marriage certificate. The Indian laws pertaining to marriage
are framed to suit the customs of different religions and practices. Various acts have been passed
related to marriages, with a view on all categories of people.

• It is essential to identify the category that your marriage falls under, before you register your marriage.

• It could be under the Hindu Marriage Act or Special Marriage Act or Tamilnadu Marriage Act.

While the Hindu Marriage Act and Tamilnadu Marriage Act can only register the marriage, the
Special Marriage Act can solemnize and register it.

After you find the category in which your marriage fits in, you must then seek information
about the documents that are to be submitted while registering your marriage in Chennai. Each category
may require different documents that are mandatory for getting a marriage certificate.

Documents may include

• Application form signed by the husband and wife,

• Date of birth evidence,

• Address proof,

• Affidavit by both parties specifying the place and date of marriage, marital status at the time of
marriage and nationalities of the two parties.

• There is also a requirement for one photograph taken on the marriage and passport size photographs
of the husband and wife.

• If the bride or groom is a convert, the certificate of conversion must be submitted. This must be
obtained from the priest who solemnized the wedding.

• From the priest, the certificate of marriage must also be obtained and submitted for marriage registration.

• An declaration that the parties are not within the degree of prohibited relationship is also required.

• If it is a remarriage, then the divorce decree or death certificate of the spouse (whichever is applicable)

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11 months 1 week ago #915

No online marriage certificate felicity available in Chennai , Tamilmnadu . You have to visit sub registrar office . Find our personal experience.
Here's I wish to explain some information about one of my friend’s special marriage with US national under the Special Marriage Act. They did not use any consultancy for the civil Marriage in Chennai, Tamilnadu.

They chose to get married in Chennai, Tamilnadu for two reasons - first, because the groom is from Naganallur and they were planning to live in Chennai Naganallur for the proximate short term and processing their Indian visa (& later PIO card) would be easier with an Tamilnadu marriage certificate. And second, the certificate would be in English and more easily acceptable in their country also.

They planned to do their marriage in Chennai and US as well. I advised that getting married legally in two countries was NOT a good idea & technically illegal - instead get married once and make that marriage certificate internationally acceptable by getting the necessary attestation.


For the Special marriage, I strongly suspect things differ from state to state and even district to district. Things like 30 days notice for Civil Marriages are the same but minute document requirements & processing times surely differ. In Chennai itself the experience at the Sub registrar Naganallur are completely different.

So we chose to get married under the Special Marriage Act 1954 (Civil Marriage) because neither of us are religious and we have the luxury of time on our side. First you have to register the 'intent' to marry at the Marriage Office under whose jurisdiction you fall. From what I saw, this can even be done by parents or an agent (though the form does require signatures of the bride & groom) and basically involves submitting proofs of ID/age & residence proof. (Divorce decrees and Municipal Death Certificates for divorcees/widowers).
Our form said the following documents are acceptable in Tamilnadu:

*Age Proof - Birth Certificate, School Leaving Certificate, MARK SHEET, Passport
*Residence Proof - Ration Card, Election Card, Passport

All documents had to be notarized (the cheap rubber stamp notarizing, not the wax stamp one with revenue stamps..)

We used bride passport for proof of identity, age & address. groom used his passport (with valid Indian visa) for identity & age, but since her passport does not carry a residential address , we had also brought an extract from his municipality verifying his date of birth, parents, proof of address etc. Even though we had to fill his address on the 'Intended Marriage Form' they never cross checked it or looked at the document (which was in another language, so lucky us!). If you cannot get this you can get a letter from your Consulate. See below.

Another tricky part for foreigners or NRIs marrying in Tamilnadu is that one of the marriageable parties has to prove residency in the area for the previous consecutive 30 days. If someone does not provide their passport as an identify document we don't know how they would check this, though they did check my passport immigration stamps to see when we had returned from our trips abroad earlier that year. I know in places like Goa where there are lots of foreigners getting married this is uniformly enforced (though obviously there are ways to bribe your way around it with a false police certificate).

Another thing we planned meticulously for (because we read on the internet that it was a requirement) was a No Objection letter from bride Consulate. Basically it was a letter from her Consulate in Mumbai stating all his details (Name, Passport No, Age, Address) and saying that marital status was 'Unmarried' and that according to her country's law there is no impediment to him entering into matrimony with Indian national named ABC, born on etc.
It seems like a pretty important document because how else would you know if a foreigner was married elsewhere. BUT our wonderful Marriage Office didn't even glance at it. Be aware that some people on other forums have said that this was asked of them.

OK so once the intent to marry is submitted you get to pick a date to solemnize the marriage - it has to be at least 30 days after submission of intent, depending on their appointment availability & your choice. They are supposed to post the 'Intended Marriage Notices' up for those 30 days to give time for people to come forward with objections. I'm not sure if they really do!

On the day of solemnization, we had to come with 3 witnesses (each brought 3-4 stamp size passport photographs plus original ID photo proofs & copies). They made us fill declaration form with details of our witnesses & took their ID proof copies. During the 'marriage' the couple and all the witnesses will have to sign the main Marriage register & say their 'vows'. It's basically the most unromantic, bureaucratic procedure ever with lots of waiting involved. The Naganallur Marriage Office refused to let us face each other while exchanging vows and made me face her and recite them.

The original marriage certificate is part of their Register which stays with them. For your 'copy' of the Marriage Certificate they try and tell you to come back after one week, but we insisted and got it on the same day. We did not have to bribe anybody, but were very assertive. They charged another 4500/- without receipt.

Finall we got three copies of original marriage certificate within a week time . But that is not carry photos. We don’t know the US embassy accept the marriage certificate or not.

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