Why Marriage Certificate Is Required In India?

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I am Supriya Gill, a lawyer and in this article, we will discuss the various reasons why a marriage certificate is required, how a marriage certificate can be applied and provide the links of the available online portals of some states to apply for a marriage certificate online. 

A marriage certificate is required to provide legal recognition of a marriage. It is an official record of the marriage and is necessary for several legal and administrative purposes. For example, a marriage certificate may be needed to claim the inheritance, property rights, social security benefits, health insurance, and other legal rights that come with marriage.

It also serves as proof of marriage, which can be used as evidence in legal and administrative proceedings such as child custody or divorce proceedings. Additionally, marriage registration helps avoid legal issues that may arise due to a lack of legal recognition or proof of marriage, such as a dispute over property rights or inheritance. 

In India, it is now compulsory to register a marriage and obtain a marriage certificate. 


Is it compulsory to apply for a Marriage Certificate after marriage?


It is now compulsory to register marriages, traditional marriages are not enough to define the marital relationship. The Hon’ble Supreme Court in 2006 made it mandatory. 

Married couples are required to apply for a marriage certificate within 60 days of their wedding. 

Penalties are imposed on those who delay their marriage registration application between 60 to 120 days after marriage, and additional penalties apply to couples who fail to register within 120 days after their marriage, even with the extended time frame.


Why marriage registration and marriage certificate are Required?


Marriage registration and marriage certificate are important for several reasons:

  • Legal recognition: Legal recognition of the marriage is provided by a valid marriage certificate, which is important for several legal and administrative purposes.
  • Rights and benefits: To claim several rights and benefits such as inheritance, property rights, social security benefits, health insurance, and other legal rights that come with the marriage, a marriage certificate is required.
  • Proof of marriage: A marriage certificate is official proof of the marriage, which can be used as evidence in legal and administrative proceedings such as child custody, divorce proceedings, or in the case of a dispute over inheritance or property rights.
  • Avoid legal issues: Marriage registration helps avoid legal issues that may arise due to a lack of legal recognition or proof of marriage, such as a dispute over property rights or inheritance.
  • Curbing child marriage: Marriage registration is important in curbing child marriages as it ensures that the couple is of a legal age to get married and helps prevent forced or underage marriages.
  • Changing your name: If you want to change your name after marriage, a marriage certificate is required.
  • Passport and bank account: A marriage certificate is needed to apply for a passport or to open a bank account after marriage.
  • Health benefits: Many insurance companies require the marriage certificate for coverage to include your partner in health benefits.
  • Protection against false denial of marriage: Possession of a marriage certificate protects against false denial of marriage, abandonment, and ill-treatment in a foreign land.
  • Required by banks: Many banks require a marriage certificate as proof of relationship between co-borrowers, especially for home loans.

Overall, marriage registration and marriage certificate are important for legal recognition, claiming rights and benefits, providing proof of marriage, avoiding legal issues, and curbing child marriages.


How Marriage Certificates Be applied ‘Offline’?


To apply for a marriage certificate, the following steps should be taken:

Step 1: Visit the Sub Divisional Magistrate office, under whose jurisdiction the marriage was performed or any of the spouses has resided for at least six months.

Step 2: Fill out the Registration form and provide all the necessary documents.

Step 3: After applying, you need to schedule an appointment for verification of the documents and to get the marriage certificate.


 Documents required to apply for a marriage certificate


  • Proof of marriage such as a Wedding invitation card, Photographs of marriage, etc.
  • Identity and Residence proof such as Aadhaar card, PAN card, Passport, etc.
  • Passport-size photographs of the couple
  • Proof of age such as Birth certificate, School or College certificate, Passport, Visa, etc.
  • Witness Identity and Address proof ( two witnesses)
  • Priest’s ID proof such as Aadhaar card and signature on the form

How to apply Marriage Certificate “Online”?


Marriage can be registered online also. People are preferring online registration more as it is less time-consuming and easy process. To apply online, you need to schedule an appointment at the Municipal Office, visit the online portal for your respective state and submit your details. From there, you can take an offline appointment at the office. On the appointed day, you need to visit the office with the required documents and witnesses. 

The online process to apply marriage certificate is discussed below.

  • Step 2: Click on the Form for marriage registration on the website. You can find it by simply browsing the website.
  • Step 3: Fill in all the details asked in the form
  • Step 4: Submit the form
  • Step 5: After submitting the form, the applicant will receive a summons from the marriage registrar indicating a specific date and time. The applicant must arrive promptly at the marriage registrar’s office with all the necessary documents mentioned in the article below. Additionally, two witnesses from each side are required to be present during the marriage ceremony at the marriage registrar’s office.

If you are registering under the Hindu Marriage Act, 1955, the time given by the marriage registrar is approximately 15-30 days after you submit the form.

And in the case of the Special Marriage Act, of 1954, the time is approximately 60 days after you submit the form.

There are different rules and regulations for registering marriage in different states. 


Available Online Portal to apply for Marriage Certificate


  • Maharashtra 

Mumbai- https://www.mcgm.gov.in/irj/portal/anonymous/qlmarriagetab 

Rest of Maharashtra- https://aaplesarkar.mahaonline.gov.in/en 

  • Rajasthan

https://pehchan.raj.nic.in/pehchan1/Mainpage.aspx

  • UP

https://igrsup.gov.in/igrsup/defaultAction.action

  • Haryana

https://shaadi.edisha.gov.in/

  • Bihar

https://serviceonline.bihar.gov.in/

  • Gujarat

https://enagar.gujarat.gov.in/DIGIGOV/

  • Delhi

https://edistrict.delhigovt.nic.in/in/en/home/index.html

  • Punjab

https://punjab.gov.in/serivce-provider/online-application-of-marriage-certificate/

  • Uttarakhand

https://registration.uk.gov.in/pages/display/94-hindu-marriage-act

  • South Andaman District

https://southandaman.nic.in/service/marriage-registration/

  • Meghalaya

https://eastkhasihills.gov.in/service/marriage-certificate/

  • Odisha

https://www.igrodisha.gov.in/Marraige.aspx


Conclusion


A marriage certificate is an important legal document that serves several purposes. It is proof of a legal union between two people and grants them certain legal rights and benefits. 

It also helps to protect individuals from fraud, ensures that children born within the marriage are recognized as legitimate, and provides a clear record of the marriage for legal and historical purposes. 

While obtaining a marriage certificate may seem like a minor detail during wedding planning, it is an essential step that should not be overlooked. So, if you’re planning to get married, be sure to get your marriage certificate and enjoy all the benefits that come with it.


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Supriya Gill

Supriya Gill is the founder of Nomadic Lawyer where she provides legal insights on all the Indian, US, and Foreign laws. Supriya Gill is a licensed Indian lawyer with expertise in Family laws and corporate laws specifically. She has conducted legal research for various clients. Supriya Gill has a bachelor's degree in Law (B.A. LL.B.) from Guru Nanak Dev University Amritsar in 2022. Supriya Gill has a postgraduate diploma in Contract Drafting, Negotiation, and Dispute resolution from Law Sikho which is an online Legal education platform. Additionally, Supriya Gill completed her postgraduate diploma in GST from Parul University, Varodra, Gujrat, in 2021. Supriya Gill has also conducted legal research on family law cases and assisted senior counsels in drafting pleadings in District Court.

You can also contact me at supriyagill97@gmail.com