Marriage registration process under Hindu Marriage Act and Special Marriage Act

Written by Bhaviya Singh

Introduction

The Hindu Marriage Act, 1955 (HMA) and the Special Marriage Act, 1954 (SMA) are two notable personal laws that recognize marriage in India. Although they serve different communities’ needs, both ordinances offer structures for marriage solemnization and registration. Couples wishing to register their marriage under Indian law must comprehend the differences between these two.

Hindu Marriage Act, 1955 (HMA)

Marriages between persons who identify as Hindus, Buddhists, Jains, or Sikhs are governed under the Hindu Marriage Act, 1955. The legislation lays forth the requirements for marriage, as well as the legal processes for getting a divorce or separating from someone. Although not required, HMA registration is advised because it acts as official documentation of marriage.

Eligibility

• Both parties must be Hindus as defined under the act.
• The bridegroom must be at least 21 years old, and the bride at least 18 years old.
• Neither party should have a living spouse at the time of marriage.
• The parties should not fall within the prohibited degrees of relationship unless the custom permits such marriages.

Process of Registration

1. Application: The local Registrar of Marriages office is where the couple can apply for marriage registration. It is necessary to fill out an application form with information about the marriage and both parties. This application is the first formal step toward legally recognizing the marriage.
2. Documents Required:
   o Proof of identity (Aadhaar, PAN, etc.)
   o Proof of date of birth (Birth certificate, passport, etc.)
   o Address proof (Voter ID, utility bills, etc.)
   o Photographs of both parties
   o Marriage invitation card or an affidavit proving the date of marriage
   o A certificate from the priest who solemnized the marriage
   These documents are critical to verify the identities and details of both parties for legal purposes.
3. Witnesses: Three witnesses who were present at the marriage ceremony must be provided by the couple. Witnesses play a crucial role in validating that the marriage took place as claimed.
4. Verification and Issuance of Certificate: After completing the application, the Registrar verifies the documents and issues a marriage certificate, usually on the same day. While registration under the Hindu Marriage Act is not mandatory, having the certificate is recommended, as it serves as legal proof in matters like property disputes, inheritance claims, and insurance.
   
   Special Marriage Act, 1954 (SMA)
   
   A secular law known as the Special Marriage Act of 1954 permits people of different religions or those who want to wed outside of their religious customs to legally consummate their union. Those who wish to conduct a civil marriage instead of following religious rites also employ SMA.

Eligibility

• The parties can belong to any religion or can be of different religions.
• The bridegroom must be at least 21 years old, and the bride must be at least 18 years old.
• Neither party should have a living spouse at the time of marriage.
• The parties must not fall within the prohibited degrees of relationship unless their personal laws permit it.

Process of Registration

1. Notice of Intended Marriage: The couple must give a written notice of their intention to marry to the Marriage Officer of the district where at least one party has resided for not less than 30 days prior to the notice. This notice marks the start of the legal process for marriage under the Special Marriage Act.
2. Publication of Notice: The notice is published publicly, and objections, if any, can be raised within 30 days from the publication. This ensures transparency and gives the public an opportunity to voice any legal concerns.
3. Objections: If an objection is raised, the Marriage Officer must inquire into it within 30 days. If no valid objection is found, the marriage can proceed. The inquiry ensures that the marriage complies with all legal requirements.
4. Solemnization of Marriage: If no objections are raised or if they are resolved, the marriage is solemnized in the presence of the Marriage Officer and three witnesses. The marriage is conducted either through a civil ceremony or by any custom the parties agree upon. This step formalizes the marriage, making it legally binding.
5. Marriage Certificate: After the solemnization, the Marriage Officer issues a marriage certificate, which serves as conclusive proof of the marriage. This document is essential for legal recognition and protection of the marriage.

Documents Required:

• Proof of identity (Aadhaar, PAN, etc.)
• Proof of date of birth (Birth certificate, passport, etc.)
• Address proof of both parties
• Passport-size photographs
• Affidavit confirming the marital status and nationality of both parties

The Special Marriage Act is a more formal and drawn-out process than the HMA since it allows anybody to object to the marriage and requires public notice. This public nature’s goals are to uphold openness and prevent coerced or fake weddings.

Key Differences Between Hindu Marriage Act and Special Marriage Act

• Religious Requirement: Under HMA, both parties must be Hindus, while under SMA, individuals of any or no religion can marry.
• Public Notice: SMA mandates a public notice and a 30-day waiting period, which is not required under HMA.
• Solemnization: HMA typically involves a religious ceremony, whereas SMA allows for a civil or secular marriage.
• Witnesses: Both acts require witnesses, but the requirements under SMA are stricter due to the longer verification process.

Conclusion

The Special Marriage Act provides a secular substitute for people of other faiths or those who prefer to forego religious ceremonies, whereas the Hindu Marriage Act is tailored exclusively to Hindus and adheres to religious customs. Under both legislation, registering a marriage gives the married couple legal status and protection, which can be important when it comes to property rights, inheritance, and other legal entitlements.

Making an informed decision on how to legally formally enter into marriage in India is made easier for individuals who are aware of the terms and procedures of both acts.

Reference

https://blog.ipleaders.in/all-about-hindu-marriage-registration-procedure-in-india/
https://www.indiacode.nic.in/bitstream/123456789/15480/1/special_marriage_act.pdf
https://blog.ipleaders.in/special-marriage-act/
https://indianexpress.com/article/explained/explained-law/do-marriages-need-to-be-registered-9315506/
https://www.drishtijudiciary.com/editorial/solemnization-and-registration-of-marriage