Marriage Registration in India: Documents, Process and Affidavits

To register a marriage in India you apply to the marriage registrar of the area where the marriage took place or where either spouse lives, with proof of age, address and the ceremony, photographs, witnesses, and usually an affidavit from each spouse. If the wedding has already happened under your personal law, the State's registration rules apply. If you want to marry under the Special Marriage Act, 1954 instead, you give a 30-day notice to the Marriage Officer, the marriage is solemnised before that officer and three witnesses, and the certificate is entered at the same time.

Registration does not make a marriage valid. A marriage that meets the conditions of the personal law is valid without it. What registration gives you is proof, which you will need sooner or later for a passport, a visa, a bank or insurance claim, or a court case.

Two routes: register a marriage, or marry under the Special Marriage Act

People use the phrase "court marriage" loosely, but there are two different things:

• Registering a marriage that has already been performed. For Hindus, Buddhists, Jains and Sikhs, section 8 of the Hindu Marriage Act, 1955 lets each State make rules for entering the marriage in a Hindu Marriage Register. Many States have also made registration of all marriages compulsory through their own laws or rules. A marriage performed in any form can also be registered under sections 15 and 16 of the Special Marriage Act if its conditions are met.
• Solemnising a new marriage under the Special Marriage Act. This is open to any two persons, whatever their religion, if the conditions in section 4 are met: neither has a living spouse, both can give valid consent, the man is at least 21 and the woman at least 18, and they are not within the prohibited degrees of relationship (unless a custom governing them permits it).

Which route applies changes the timeline. Registering an existing Hindu marriage under State rules can often be done in one or two visits. A Special Marriage Act marriage cannot be completed until 30 days after the notice is published.

Is registration compulsory?

Section 8 of the Hindu Marriage Act allows a State to make registration compulsory, but it also protects the marriage itself:

Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

Section 8(5), Hindu Marriage Act, 1955

In Seema v Ashwani Kumar (2006), the Supreme Court held that marriages of all citizens, whatever their religion, should be made compulsorily registrable in the State where they are solemnised. It directed the States to notify registration rules, to state the age and marital status of the parties clearly, and to provide for the consequences of non-registration and of false declarations. States have since done this in different ways, so the forms, fees, deadlines and late fees differ from State to State.

To give one verified example, under section 6 of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998, the husband must present a memorandum to the Registrar within 90 days of the marriage, and both parties and three witnesses must appear in person and sign it. A marriage not registered within 90 days can still be registered within one year on payment of a penalty, and later than that with a higher penalty. Other States have their own periods and procedures, so check the rules where you will apply.

Documents registrars commonly ask for

The exact list is set by State rules or the Marriage Officer, but most registrars ask for some version of the following:

• The application or memorandum in the prescribed form, signed by both spouses.
• Proof of age for each spouse, such as a birth certificate, school leaving certificate, passport or other document the State accepts.
• Proof of address for each spouse, to show the registrar has territorial jurisdiction.
• Passport size photographs of each spouse, and often a joint photograph or photographs of the ceremony.
• Proof of the ceremony for an already performed marriage, such as the wedding invitation card, a certificate from the priest or place of worship, or photographs.
• Identity proof and photographs of the witnesses. Under the Special Marriage Act three witnesses sign the declaration and the certificate.
• If either spouse was married before, a copy of the divorce decree or the death certificate of the earlier spouse.
• An affidavit from each spouse, discussed below. Some States also ask for proof of nationality, especially where one spouse is a foreign national.

The affidavits you may need

Seema v Ashwani Kumar told States to require a clear statement of age and marital status, and most registrars take it in the form of an affidavit. A typical marriage affidavit from each spouse states:

• full name, parents' names, date of birth and address;
• the date and place of the marriage and the form of ceremony;
• marital status at the time of marriage (unmarried, divorced or widowed);
• that the parties are not within the prohibited degrees of relationship;
• nationality, and that the statements are true to the deponent's knowledge.

Some States want a joint affidavit, some want separate ones, and some want them on stamp paper of a set value. A general affidavit is also often used for a related fact, such as explaining a difference in the spelling of a name across documents. Our guide on affidavits and how to get the format right covers attestation and common errors.

Registering a marriage that has already taken place

1. Find the right office. Under most State rules this is the registrar (often the Sub-Registrar, or a designated municipal or revenue officer) for the area where the marriage took place or where either spouse lives. Many States accept online applications first.
2. Fill in the marriage registration application or memorandum and pay the fee prescribed by the State.
3. Prepare the affidavits and supporting documents listed above.
4. Appear before the registrar on the given date with the witnesses, if the State rules require their presence, and sign the register.
5. Collect the marriage certificate, or download it where the State issues it online. Check names, dates and spellings before you leave.

If you want to register an earlier marriage under the Special Marriage Act instead, section 15 sets the conditions: a ceremony has been performed and you have lived together as husband and wife since, neither has more than one spouse living at the time of registration, both are at least 21 at the time of registration, the parties are not within prohibited degrees, and you have lived in the Marriage Officer's district for at least 30 days before applying. Under section 16 the Marriage Officer gives public notice, allows 30 days for objections, hears them, and then enters the certificate, signed by the parties and three witnesses. A refusal can be appealed to the district court within 30 days under section 17.

Marrying under the Special Marriage Act

1. Give written notice in the form in the Second Schedule to the Marriage Officer of a district where at least one of you has lived for not less than 30 days immediately before the notice (section 5).
2. The Marriage Officer enters the notice in the Marriage Notice Book and publishes it by fixing a copy in a conspicuous place in the office. If either party permanently lives in another district, a copy is sent to the Marriage Officer there as well (section 6).
3. For 30 days from publication, anyone may object on the ground that a condition in section 4 is not met (section 7). If an objection is made, the officer must inquire and decide within 30 days, and a refusal can be appealed to the district court within 30 days (section 8).
4. After 30 days, if there is no objection or the objection is rejected, the parties and three witnesses sign the declaration in the Third Schedule before the Marriage Officer (section 11).
5. The marriage is solemnised at the office or a nearby place, in any form the parties choose, but each party must say the words set out in section 12 to the other in the presence of the Marriage Officer and the three witnesses.
6. The Marriage Officer enters the certificate in the Marriage Certificate Book, signed by the parties and the witnesses. Under section 13 this certificate is conclusive evidence that the marriage was solemnised under the Act.

Why applications get held up

Most delays at the registrar's office come from a handful of avoidable problems:

• Names that do not match. If a spouse's name is spelt differently on the birth certificate, school certificate and Aadhaar, the registrar may ask for an affidavit explaining that all versions refer to the same person.
• No acceptable proof of age. Bring the document your State lists as primary proof. An affidavit of age is sometimes accepted only when no document exists.
• Wrong office. The registrar must have jurisdiction, which usually depends on where the marriage took place or where a spouse lives. Under the Special Marriage Act, the 30-day residence in the district is a legal condition, not a formality.
• Earlier marriage papers missing. A divorced spouse needs the final decree, not just the petition. A widowed spouse needs the death certificate.
• Witnesses who cannot attend, or who bring no identity proof. Confirm in advance how many witnesses the office needs and what they should carry.
• For a foreign spouse, missing passport, visa or nationality papers, which registrars often ask for even where the rules do not list them in detail.

Using the certificate for a passport, visa or name change

Passport Seva's document list says that to add a spouse's name to a passport you can produce either a marriage certificate or a declaration with a joint photograph signed by both spouses (Annexure J). A woman changing her surname after marriage can rely on the same documents. A complete change of name after marriage follows the ordinary name change procedure, which our guide on changing your name by affidavit and gazette notification explains.

Foreign embassies and immigration authorities set their own document requirements. Many ask for a registered marriage certificate and may want it attested or apostilled before they accept it, so check the current list of the country concerned before you apply. Banks, insurers and employers usually accept the registered certificate as proof for nominee and benefit records.

For the litigation side of marriage records, such as challenging a refusal or a disputed registration, LegalFirms has a step by step guide to marriage registration, and you can consult a family lawyer if your case involves an objection, a foreign spouse or an earlier divorce.