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Register Marriage Details
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,

Degrees of Prohibited relationship as per the Special Marriage Act

The First Schedule [Degree of Prohibited Relationship]

Registration of Marriages which have already been solemnised.

WHAT IS THE PROCEDURE FOR SOLEMNIZATION OF MARRIAGE / REGISTRATION OF MARRIAGE?

i. Procedure for Registration under HMA.

ii. Procedure for Registration under SMA.

iii. Procedure for Solemnization of marriage under SMA.

WHERE DO I HAVE TO GO AND DURING WHICH HOURS?

To the office of Additional 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.

WHICH PAPERS/DOCUMENTS/FEES, DO I HAVE TO TAKE WITH ME?

1. Hindu /Special marriage Application form duly signed by both husband and wife. 2. Hindhu/Special marriage 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. 3.Residential proof of husband and wife . 4.In case of Special Marriage Act, documentary evidence regarding stay in particular place of the parties for more than 30 days (ration card or report from the concerned SHO). 5. Hindu marriage Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.6.Two Hindu/Special marriage passport size photographs of both the parties and one marriage photograph. 7.Marriage invitation Hindu marriage card, if available. 8. Hindu marriage If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage. 9.Rs. 10/- in case of Hindu Marriage Act and Rs.15/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form. 10.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. . 11.Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower. 12.In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act). 13. In case one of the parties is a foreign national, no objection certificate/marital Status certificate from the concerned embassy.All documents excluding receipt should be attested by a Gazetted Officer.

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 ADM. 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 marriage officer of the area where either of the parties having present/permanent address. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the ADM. Both parties along with three witnesses are required to be present on the date of registration/Solemnization. For filing objection, register is available with the Dealing Assistant in the office of ADM(S)

.

ARE THE ADVOCATES REQUIRED FOR REGISTRATION/ SOLEMENIZATION.

Both the registration under HMA & SMA and solemnization of marriage under SMA is a very simple procedure and does not required any LEGAL HELP / ASSISTANCE. It is advised that parties should present their case directly.

WHAT ARE THE RELEVANT FORMS?

One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to marriage officer of the area where either of the parties having present/permanent address.

WHEN WILL I GET A RESPONSE?

In case of Hindu Marriage Act, at the time of filing duly completed application form, a due date vide acknowledgement of receipt of application form is given . On that date necessary formalities can be completed. In case of registration / solemnization of marriage under Special Marriage Act, notice of 30 days after appearance of both the parties the marriage officer is mandatory. Once the application along with the prescribed document is presented, the date for appearance before the marriage officer is given vide acknowledgement Solemnization of Marriage under Special Marriage Act

Special Marriage Act, 1954 provides for solemnization of marriages in accordance with the provisions of the Act.

SDMs/ADMs/Deputy Commissioners have been authorized as Marriage Officers for this purpose.

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 noticeof intended marriage. A copy of the notice is pasted on the office notice board by the ADM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnize the marriage until he has decided the objection, within 30 days of its receipt. If the ADM refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the ADM solemnizes the marriage after 30 days of the notice. Both parties along with 3 witnesses are required to be present on the date of solemnization of marriage. It is advisable to submit names of witnesses at least one day in advance.

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

Section 3 (f)

i. 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.

ii. 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

i. if one is a lineal ascendant of the other, or ii.if one was the wife or husband of a lineal ascendant or descendant of the other, or iii.

if one was the wife of the brother or the fathers or mothers brother or of the grandfathers or grandmothers brother of the other,or iv.

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

i. relationship by half or uterine blood as well as by full blood.

ii. illegitimate blood relationship as well as legitimate.

iii. 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

a. relationship by half or uterine blood as well as by full blood

b. illegitimate blood relationship as well as legitimate

c. 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

Fathers widow (step mother)

Mothers mother.

Mothers fathers widow (step grand-mother).

Mothers mothers mother.

Mothers mothers fathers widow (step great grand-mother).

Motherss fathers mother.

Mothers fathers fathers widow (step great grand-mother)

Fathers mother.

Fathers fathers widow (step grand-mother).

Fathers mothers mother.

Fathers mothers fathers widow (step great grand-mother)

Fathers fathers mother

Fathers fathers fathers widow (step great grand-mother)

Daughter.

Sons widow.

Daughters daughter.

Daughters sons widow.

Sons daughter.

Sons sons widow.

Daughters daughters daughter

Daughters daughters sons widow.

Daughters sons daughter.

Daughters sons sons widow.

Sons daughters daughter

Sons daughters sons widow.

Sons sons daughter.

Sons sons sons widow

Sister.

Sisters daughter.

Brothers daughter.

Mothers sister.

Fathers sister.

Fathers brothers daughter.

Fathers sisters daughter.

Mothers sisters daughter.

Mothers brothers daughter.

Marriage Registration
i) Registration of Hindu Marriages Solemnized and granting of extract of marriages registered.

Marriages solemnized under Hindu customs/ non-customary

Bridegroom/Bride should have completed 21/18 years respectively

Both of them should be Hindus, Buddhist or Sikhs

Proof of marriage

Anyone of the following place should fall within the jurisdiction of the Registering officer:

Residence of bride.

Residence of bridegroom.

Solemnization place.

PROOF FOR ALL THESE SHALL BE GIVEN

1 . MARRIAGE

Wedding Invitation (or)

Temple Marriage Receipts (or)

Any proof of marriage solemnization

2. RESIDENCE

Employee ID Card (or)

Ration Card (or)

Driving License (or)

Passport or Visa

3. AGE

Birth Certificate (or)

School/College Certificate (or)

Passport / Visa

In addition to the above memorandum in duplicate with 4 passport size photograph for bride and 4 passport size photograph for bridegroom should be submitted.

FEE

i ) For the registeration of a Marriage which will be exclusive of any other fees levied by devasthanam for marriages in temples-Rs.100.00

ii) For a certified copy of an entry in Hindu Marriage Register Rs. 10.00

iii) For making a search

a) if the entry is of the current- Rs. 10.00

b) if the entry relates to any previous year or years (for each such year) -Rs. 10.00

iv) For Registering a marriage at any place outside the office of the Marriage Registrar to be appropriated by the Marriage Registrar in addition to the fee in entry (i) above -Rs. 50.00

v) Application fees for registering a marriage at any place outside the office of the marriage Registrar-Rs.200.00

Provided that no search fee shall be levied for grant of a certified copy of an entry in the Hindu Marriage Register on application at the time of registration of Marriage.

Provided further that an application fee of Rupees live in the shape of court fee labels affixed to the application shall be levied for each of application presented for grant of such certified copy.

ii) Registration of Marriage under Tamilnadu Registration of marriage act.

Marriages solemnized under any personal law can be registered

. Bridegroom/Bride should have completed 21/18 years respectively

It can be registered within 90 days without fine and within 90-150 days with fine.After that it cant be registered.

Proof of marriage

The following place should fall within the jurisdiction of the Registering officer:

Solemnization place.

PROOF FOR ALL THESE SHALL BE GIVEN

1 . MARRIAGE

Wedding Invitation (or)

Temple/Church Marriage Receipts (or)

Any proof of marriage solemnization

2. RESIDENCE

Voter ID Card (or)

Ration Card (or)

Driving License (or)

Passport or Visa

3. AGE

Birth Certificate (or)

School/College Certificate (or)

Passport / Visa

4. Witnesses

Id card for minimum two witness to be produced

In addition to the above memorandum in duplicate with 4 passport size photograph for bride and 4 passport size photograph for bridegroom should be submitted.

iii) Registration of Special Marriages and granting of certificates.

Marriages solemnized before the Registering officer or in any other form.

Bridegroom/Bride should have completed 21/18 years respectively.

Anyone of the following place should fall within the jurisdiction of the Registering officer:

Residence of bride.

Residence of bridegroom.

Proof for all these shall be given.

Notice of intended marriages.

If no objection for the marriage is received within 30 days from the notice, marriage will be registered.

iv) Granting of extracts of marriages registered under Indian Christian Marriages Act

. Extracts of Indian Christian Marriages Registered under the Indian Christian Act, by the licensee under the act or by Priests are received and the extracts are given in the O/o the Inspector General of Registration,100,Santhome High Road,Chennai 28.

DOWRY PROHIBITION

Under the Dowry Prohibition Act, demanding or accepting dowry, directly or indirectly is an offence punishable.

Fine of Rs.5000/- or imprisonment upto 6 months or both.

District Registrars are also authorised to sanction prosecution.

Registrants may lodge complaints with the District Registrar.

Please visit the following websites for further information:

http://www.tnreginet.net / -tamilnadu

http://keralaregistration.gov.in/ -kerela

igrs.ap.gov.in/ -andhra

www.karunadu.gov.in/karigr/actsrules/otheracts/splmarrrules.htm -karnataka