Registration Procedure Under the Hindu Marriage Act

After the marriage has been solemnized with the fulfilment of all the Hindu customs and prevailing provisions established under the law, the parties to a marriage have to apply for registration of marriage at the Marriage Registrar’s office or Tehsildar of the district where the marriage has been solemnized or where either party to the marriage resides. There are several points which are required to be kept in mind while registering a marriage. These are as follows:

• The registration of marriage should be made within a time period of 1 month from the date of marriage.
• Serving a notice is not required under the Hindu marriage registration process.
• The parties to a marriage are required to fill out the form for registration.
• There are several Documents which are required to be submitted:

  Two photographs of the marriage ceremony.

  Wedding Invitation card.

  One ID proof.

  Address of the parties.

  Date of birth of both the parties.

  An affidavit of self-declaration duly notarized.

  Guardians or parents of both parties must be present.

  Signature of both parties in the presence of 3 witnesses.

A marriage certificate is issued once the registration process is completed after proper scrutiny.

There are certain mandatory requirements to be fulfilled by the parties who wish to marry each other under the Hindu Marriage Act 1955. The conditions have been defined under Sections 5 and 7 of the Act to make a marriage valid and legal. As per the provision defined under Section 5 of the Act, a marriage is said to be a valid marriage only if both parties are Hindus. Marriage is not considered legal and valid if either of the party to the marriage is not Hindu.

A Valid Marriage is One Which Fulfils the Below-Mentioned Conditions:

• Neither of the party must be already married and have a spouse living at the time of marriage.
• None of the parties to the marriage must be of unsound mind or incapable of giving free consent.
• Even if the person is able to give valid consent, he/she must not suffer from any sort of disorder or must not be legally unfit for marriage or for the creation of a child.
• None of the parties must be subject to any recurrent attacks of epilepsy or insanity
• The bride must have completed the age of 18 years and 21 years for the groom at the time of marriage.
• The parties should not come under the degrees of prohibited relationship unless the prevailing customs permit the marriage between two people who come under the degrees of prohibited relationship.
• The parties should not come under the sapinda relationship unless the customs of the parties allow so.

What is the Degree of Prohibited Relationship?

The parties are considered as people who are covered under the degrees of prohibited relationship:

• If any of them is a lineal descendant of the other person, or
• If any of them was the wife or a husband of a lineal ascendant or descendant of the other person, or
• If any of them was the wife of the brother, or the father’s or mother’s brother or the grandfather’s or grandmother’s brother of the other person, or
• If both of the parties willing to get married were brother and sister, aunt and nephew, uncle and niece, or children of brother and sister or two brothers or two sisters.

Parties who marry and fall under the above-mentioned categories are considered as having a void marriage.

Usually, there are certain exceptions to the provisions stated. An exception to the provision stated under Section 5 of the Act is – that customs also play a crucial role in personal matters. If there exists a custom where the parties falling under the degree of prohibited relationship are not restricted from getting married, their marriage will be considered legal and valid.

Punishment Under the Act

The provisions of the Act consider marriage to be void and null who fall under the category degrees of a prohibited relationship. The parties tosuch marriage are punishable with imprisonment of simple nature for a month or a fine of Rs. 10000/- or both.