Here is what nobody tells you about marriage registration in Mumbai, the process, eligibility and the time limit you must know.
Marriage is a bond that lasts for life, a bond that is beyond any other relationship. Indians and their love for weddings are simply grand! Many people fantasise about having a list of things to do to make this day special. Not only are the couple excited, but both the families and their relatives look forward to this day.
With all the fun and entertainment, there are other things, too, not to be missed. Getting marriage registration Mumbai is one of them that validates your marriage legally in the country.
Marriage being wedlock is believed to last till death, and people tend to plan it the minute their child is born. One must note that getting registered is an ideal step for your future security. When does a marriage need to be registered?
What is the process of marriage registration in Mumbai?
Many people do not understand the need for registration only because it is not mandatory. But, registration is a way of securing proof of your marriage legally. Even though government authorises all sorts of marriages that is happened in a religious form, legal registration makes a difference. Now, you may be wondering how to go about it. What are the steps required, the documents needed to submit and when?
There are two ways of registration:
Marriage certificate online
India offers the couple the registration process online, in the simplest form. It avoids you from standing in the queue and going through the hassle. Access the official government website, and find the document needed for registration. Fill in your and your spouse’s detail and submit them. You must visit the marriage registrar on a particular date and time. Bring along all the documents, as mentioned earlier, with two witnesses.
Marriage certificate offline
Under the Hindu Marriage Act 1955, you can apply to register a religiously solemnised marriage. All Indian citizens, irrespective of their religion, can do registration under the Special Marriage Act 1954. Under this act, the marriage officer provides solemnisation along with registration.
When does a marriage need to be registered?
Once the couple submits the required documents, verification will begin. After the verification, a suitable date will be fixed for marriage registration Mumbai procedures. It will be later after 15 days later under the Hindu Marriage Act. And, when considering the Special Marriage Act, registration has to be 60 days later.
During the appointment day, the couple needs to be present physically. The marriage registrar and Gazetted Officer will be present along with three witnesses for registering. Plus, the witness needs to bring their document too for the registration.
Which documents are needed for the registration of marriage?
- Application form of the Memorandum of marriage that has to be signed by both husband and wife
- Evidence of date of birth, since the male has to be 21 years and the female needs to be 18 years. The document can be in any form, passport, birth certificate etc.
- Residence proof of any partners can be through a Pan card, Adhar Card, bills, and Ration card.
- If the marriage takes place in a religious space, a certificate is required from the priest to validate the marriage.
- If the marriage is registered under the Hindu Marriage Act, pay Rs. 100, and for Special Marriage Act, Rs. 150 needs to be submitted. The cashier will collect the money and offer a receipt attached to your application form.
- Two passport-size individual photos of both the partner and a picture of your marriage
- Invitation card for your wedding
- Under the Hindu Marriage Act 1995, the two must confirm that they’re unrelated and do not fall under any prohibited relationship.
- If you got divorced, a copy of your divorce decree, your spouse’s death certificate if you’re a widow/widower, and your spouse’s death certificate.
- Affidavit that shows your place and date of marriage, marital status, the exact time and the couple’s nationality
- Lastly, you must bring witnesses with you on your wedding day. It will help register in the sub-registrar office.
What are the eligibility criteria for a couple to get married?
To be eligible to get married in India, one needs to follow certain age limits— Men need to be above 21 years, whereas women should be above 18 years.
While following the Special Marriage Act of 1954, both partners need to be above 21 years of age. Plus, both partners must declare that they are mentally stable for the wedding. And their mental stability needs to get proved in the marriage application form.
Things you must remember while registering your marriage
Even though getting a marriage registered in India is a simple process, it’s in your best interest to get in touch with a marriage lawyer in Mumbai.
Things you must know while registering your marriage include:
Choosing the act of your marriage registration Mumbai is determined only by the religion you follow. If you and your spouse are Sikh, Hindu, Buddhist, or Jain, you can register under the Hindi marriage act. You can register under the Special Marriage Act if you follow another religion. Both acts are the same and don’t have any long-term differences; the process and time take different notes.
There are unregistered marriages.
Registration of your marriage is not a mandatory procedure. Marriages that took place in religious ways are considered valid. And in an unfortunate case, divorce arises, and the couple can file for it even if the marriage is not registered. However, it is always advisable to register a marriage to avoid any confusion later.
It is advisable to get registered 30 days after the marriage, and one should contact a marriage lawyer Mumbai to get the process done at pace. If the registration doesn’t happen within the time frame, a fine of Rs 5 will be charged per day, post the time limit crossed.
The general guideline is usually the age limit that needs to get crossed for getting married. Any partners need not have to be in a marital relationship with another individual; both must have the physical and mental capacity to get married.
Does religion determine the appropriate act for marriage registration?
Yes, religion does play a significant role, and it determines the act of marriage. If you are Hindu, Sikh, Buddhist or Jain, you have Hindu Act to follow. In comparison, those not in the abovementioned list can select the Special Marriage Act of 1954. These are usually for people of all faith, including atheists and agnostics. For marriage registration in Mumbai to proceed, the couple must submit their Adhar card, and they need to perform a biometric verification for marriage registration.
Whereas in a Muslim marriage, the Kazi is the one who performs the ritual. And he is the one to create a “Nikahnama”, which is a sort of legal marriage certificate. For legal reasons, including a passport, opening a bank account, etc., Muslim marriage must get registered!
In many parts of India, Nikahnama is legal proof. However, for other purposes, immigration or spousal visa, you need your marriage to be issued by the Registrar of Marriages of the District.
The Muslim Marriage Registration can proceed by registering through the State Marriage Registration Act. It will be the state where your marriage was solemnised and where you are currently living, and this one comes under the Special Marriage Act, 1954!
Now that you know how to go about marriage registration Mumbai. It is easier for you to make the right move and think about doing it at the earliest. Remember, there is also a time frame you need to consider. The last thing you want is to end up paying the fine for the delay caused for registering. Plus, remember that, no matter what, having a legal document by your side makes a lot of difference. It also acts as strong evidence in a court of law if anything goes haywire.