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Frequently Asked Questions-Marriage Registration

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Q1.What are the advantages of registration of marriage?

Ans:-
Certificate of marriage is a document, which provides valuable evidence of marriage;

Certificate of marriage is a document providing social security, self-confidence particularly among married women;

Certificate of marriage is useful in getting the visa for the wife/husband.

It may help in claiming the Bank deposits or Life Insurance benefits when the depositee or the Insurer dies without a nomination or otherwise.

It will be helpful in arresting frauds related to marriages.

Q2.What are the laws under which marriages are registered in Sub Registry or District Registrar Offices?

Ans:-
Marriages are registered in Sub Registry or District Registrar Offices under the following Acts:


Hindu Marriage Act, 1955

Special Marriage Act, 1954

Q3.Where the marriages are to be registered?

Ans:-
Marriages under Hindu Marriage Act can be registered in the office of the Registrar of Marriage within the jurisdiction of which the marriage has taken place or in the office of Marriage Officer in whose jurisdiction the bride or bride-groom resides The Sub Registrar Office in whose jurisdiction either wife or husband has been residing for at least six months immediately preceding the date of marriage.

Q4. Where the Office of the Marriage is situated and who is the Marriage Officer?

Ans:-
Sub Registrar who register documents relating to immovable property is also the Marriage Officer. The offices are usually located in Taluk Head Quarters/District Head Quarters. The list of SROs/Marriage Officers can be seen in the SRO Information page.
In Greater Hyderabad Municipal Corporation area, the Deputy Inspector General, Hyderabad and Deputy Inspector General Ranga Reddy, East, Deputy Inspector General, Ranga Reddy West are empowered to register the marriages of their respective jurisdiction. These offices are situated in the O/o. the Commissioner and Inspector General, Registration and Stamps, MJ Market Road, Nampalli, Hyderabad. Besides the above officers, the Sub Registrar of the jurisdiction can also register the marriages.

Q5. To whom Hindu Marriage Act 1955 applies?

Ans:- It applies to Hindu, Buddhist, Brahma, Sikhs and Arya samaj. It does not apply to Muslim, Christian, Parsi or Jew Communities. But it also applies to those who follow Hindu religious customs.

Q6. To whom Special Marriage Act 1954 applies?

Ans:- It applies to all, irrespective of religion, caste, language.

Q7. What should be the age of bridegroom and bride at the time of marriage?

Ans:- Bridegroom must have completed 21 years age and bride 18 years.

Q8. Are there any restrictions for registration of marriages?

Ans:- Following are the restrictions under Hindu Marriage Act, 1955 and Special Marriage Act, 1954:

  1. Bridegroom or bride who desire to marry should not have married wife / husband

    Bridegroom or bride who cannot voluntarily give consent for marriages owing to mental illness are not eligible for marriage

    Marriage of those who are capable of giving consent for marriage but (d) incapable of getting child owing to unsound mind cannot be solemnised nor be registered

    Those suffering from insanity are ineligible for solemnisation of marriage

    Those who are within degree of prohibited relationship are ineligible for marriage provided they can marry if it is permitted according to the usage of custom or usage governing such persons

  2. Bridegroom and bride who are descendants up to 5 generation from mother's side or father's side cannot marry (They are called Sapindas).

Q9. How to register marriage?

Ans:-

  1. Registration under Hindu Marriage

    Application for marriage filled in prescribed form with name and address of bridegroom and bride, signature of bride and bridegroom, signature of 3 attesting witness present at the time of marriage along with their name and address, joint photo of bride and bridegroom, wedding card, Date of Birth proof certificates like SSC marks memo, copies of passport, residential proof should be presented to the Registrar of Marriage.

    Marriage officer will verify the contents of the application and records. He will issue certificate of marriage if he is satisfied that the records produced are in accordance with law

  2. Solemnization under Special Marriage Act, 1954

    Bridegroom and bride should give notice of intended marriage 30 days in advance to the solemnization of marriage along with prescribed fees. Bride or bridegroom must have lived continuously for not less than 30 days within the jurisdiction of marriage officer before giving the notice

    If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days after lapse of 30 days from such notice along with three witnesses for solelmnisation of the Marriage. Marriage Officer after following procedure prescribed under act and rules will solemnsie the marriage. If marriage is not solemnised within 90 days from the date of notice, then a fresh notice has to be issued.

    Marriage Officer will administer oath in the prescribed form and solemnise marriage and issue certificate of marriage.

    Bridegroom and bride and three witnesses shall sign the declaration and the certificate of marriage.

Q10. What is the time limit for registration of marriage?

Ans:- Marriage under Hindu or Parsi Marriage Act can be registered any time after marriage. There is no time limit. Now, in Andhra Pradesh and Telangana, the Sub Registrar (Marriage Officer) can register the Hindu marriage at any time and there is no procedure of condonation of delay by the District Registrar, which was there till recently.

Q11. Can the marriage already held according to the religious custom be registered under Special Marriage Act? If so how to get it registered?

Ans:- Application duly filled in should be given in prescribed form in duplicate under Section 16 of the Special Marriage Act 1954 along with prescribed fee to the marriage officer. If there are no objections marriage officer will register the marriage after 30 days if the husband and wife appear along with 3 witnesses subject to following conditions:

They should have married and must be living together since then

At the time of marriage any of them should not have more than one living wife or husband

Any of them should not be idiot or lunatic at the time of registration of marriage

Husband and wife should have completed age of 21. They should not be within the degree of prohibited relationship described in schedule I of the Act

Husband and wife should have lived for a period not less than 30 days within the jurisdiction of marriage officer

Q12. What are the objections to refuse registration of marriage? Is there provision to appeal if registration is refused? If so to who appeal lies?

Ans:- If the conditions noted in question 9 and 11 are not fulfilled marriage officer may refuse the registration of the marriage. Appeal may be submitted to District judge within 30 days of such refusal.

Q13. What is the fee to be paid for registration of marriage?

Ans:- Rs 200/-