Marriage Registration

The Gujarat government has decided to make registration of marriages compulsory from January 1, in keeping with the Supreme Court order.

Accordingly, any marriage taking place henceforth will have to be registered with the appropriate government office, a state government release January 02, 2008 .

The Supreme Court had directed all states to make marriage registration compulsory latest by January 25, 2008. Couples will have to submit proof of age and identification for certifying their marriages.

They will also have to pay Rs200 with the marriage registration application.

Marriage Registration Act, The Supreme Court on 24th October 2007 ordered compulsory registration of marriages irrespective of religion. It directed the Centre and all the States and Union Territories to amend the rules to this effect within three months.

A Bench consisting of Justices Arijit Pasayat and S. H. Kapadia issued the direction on a petition filed by Seema, a divorcee, seeking directions for making the registration compulsory. It asked the Union Government to give publicity to this order and said the public could give their objections within a month.

The new rules should be notified after taking into consideration their objections. The Centre and the States should incorporate appropriate provisions for the consequences of non-registrations and false declaration during the registration of marriage.

Hindu Marriage Act, which came into power on 18 May, 1955. The Act has transformed in Hindu law of marriage and apply all over India except the state of Jammu & Kashmir.

Mostly Indians are unaware of the laws associated with marriages. In India, weddings are only a social event. But they should remember one thing that is necessary to register all marriages as every religion has its own personal law to govern marriages.

Under the law the bridegroom should be of 21 years of age and the bride should be of 18 years of age. They both should be Hindu by origin and should not be within the degree of prohibited relationship. The provision under this Act that it applies to any person who is Hindu by religion and it is also applicable to Buddhists, Jains and Sikhs also.

Applicable For...

Bridegroom should be of 21 years of age and the bride should be of 18 years of age.

Bride and groom should be Hindus under the Hindu marriage Act.

Any person who is not a Muslim Christian, Parsi or Jew, and who is not governed by any other law.

This Act is same for Buddhist, Jain or Sikh by religion.

Not Applicable For

Who are Muslims, Christians, Parsis or Jews by religion.

Conditions For Hindu Marriage

Neither party has a spouse living at the time of the marriage.
At the time of the marriage, neither party is incapable of giving a valid consent to it in consequence of unsoundness of mind; or though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent to be unfit for marriage and the procreation of children; or has been subject to recurrent attacks of insanity or epilepsy

The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two.

Registration:

An application for the registration of a Hindu Marriage, shall be in Form ‘A’ and shall be signed by each party to the marriage or by the guardian of such party and shall be presented in person before the Registrar.

Registration is not compulsory and in no way effects the validity of the marriage. It is entirely upto the parties to have the marriage registered.

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