In India, a marriage can be registered under either the Hindu Marriage Act, 1955 (applicable to Hindus only) or the Special Marriage Act, 1954. A Marriage is compulsorily required to be registered in respective state/union territories in accordance with the judgment by Hon’ble Supreme Court in the case of Smt. Seema Vs. Ashwani Kumar (2006) but the same has been not implemented by all the states. Though, recently in May 2014, Delhi Government directed for compulsory registration of marriages solemnized in the respective state / union territories.
Accordingly Delhi Government has issued directors an Order called The Delhi (Compulsory Registration of Marriage) Order, 2014 and shall extend to all marriages that solemnized in Delhi irrespective of caste, creed & religion. The parties to marriage shall apply jointly in the prescribed form for registration of their marriage with in a period of 60 days of their marriage and delay upto next 60 days can be condone by the Marriage officer. Penalty provisions also provided for non registration of marriage with in the prescribed time period.
The Marriage Registration also acts as a proof of marriage before different authorities like Area Magistrate, Passport Office, Banks, etc. The following documents are required for the registration of marriage:
- Application form completed in all respect, signed by both Husband & Wife.
- Proof of residence.
- Separate affidavit in prescribed format from Husband & Wife.
- Date of birth proofs of both parties.
- Two passport size photograph of both and one marriage photograph.
- Marriage invitation card if available.
On making the application, another date is provided to the parties to appear before the Registrar, who is also an SDM of the area. The parties need to bring some witness along, who has attended the marriage and can witness the same in the presence of the Registrar.