Legal Question in Family Law in India

Re: Registration of marriage

You may refer to the relevant provisons of : Compulsory Registration of Marriage, 1996, for appropriate guidance.

That is not a central statute.

Re: Registration of marriage

Notice of Intended Marriages

Both the parties to the marriage should give notice in writing in the prescribed form to the marriage officer of the district in which at least one of the parties to the marriage has been residing for a period of not less than thirty days immediately preceding the date on which such notice is given. .A fee of Rs 3 has to be paid for publication of notice. Notice will be published in the office of the Marriage Officer of the district within whose jurisdiction each of the parties to the marriage is permanently residing.

The notice may be presented before the marriage officers by both parties in person or by registered post. In the later case a fee of RS 3 for notice charge should be sent by Money Order.

The Performa for the notice is given separately.( Please see Notice of Intended Marriage)

Solemnization of marriage

The marriage can be solemnized on expiry of 30 days after clearing objections if any filed. The validity for the notice is 3 months. Before the solemnization of marriage the parties and three witnesses in the presence of the marriage officer should sign declarations in the prescribed form. The marriage can be solemnized in any form, which the parties may choose to adopt. The marriages can be solemnized either with the office of the Marriage Officer or at such other place within a reasonable distance as the parties may desire. A fee of RS 10 has to be paid for solemnization. Certificate will be issued on stamp paper if RS 10 produced by the parties on payment of RS 2/-

Registration of marriages celebrated in other forms

These provision deals with the registration of marriages already are celebrated in forms other than the special marriage Act.

The following conditions should be satisfied for the registration of marriages

1. The couple must have been married in some other forms and they must have been living as husband and wife ever since such marriage.

2. Neither party has more than one spouse living.

3. Neither party is an idiot or lunatic.

4. The parties should complete 21 years of age at the time of registration.

5. Both he the parties should reside within the jurisdiction of the Marriage Officer for a period of 30 days.

Registration

A receipt of application signed by both the parties and also after publication of notice the marriage will be registered on the expiry of the notice period of 30 days. Certificate will be entered in the certificate book and shall be signed by the parties to the marriage and three witnesses.

A fee for RS 10/-has to be paid for registration. Certificate will be issued on stamp paper of RS 10/- produced by the parties and payment of RS 2/-.

Re: Registration of marriage

The procedure for registration is different in Kerala and therefore you need to contact a local lawyer.