Both the Hindu Marriage Act of 1955 and the Special Marriage Act of 1954 allow for the registration of already-sealed unions. The Hindu Marriage Act is applicable when the husband and wife are both members of one of these religions—Hinduism, Buddhism, Jainism, Sikhism, or they have converted to one of these. The Special Marriage Act of 1954 is used to record marriages in which one or both partners are not Sikhs, Hindus, Jains, Buddhists, etc.
The Special Marriage Act of 1954’s provisions also allows for the solemnisation of marriage between any two people.
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Marriage certificate Delhi: Criteria
The following are the criteria for already solemnised marriages
Hindu Marriage Act
On the application date, all of the paperwork is verified, and the parties are given a specific date for registration. Both parties must appear before the SDM on the specified day, accompanied by a Gazetted Officer who witnessed their marriage. On the same day, the certificate is issued.
Special Marriage Act
After submitting the paperwork for the issuance of the notice of planned marriage, both parties must be present for the marriage to be solemnised. The SDM posts a copy of the notification on the office bulletin board. Anyone may object to the intended weddings within 30 days of receiving notice. In this situation, the SDM must decide on the objection within 30 days of receiving it before solemnising the marriage.
Any of the parties may appeal to the District Court within 30 days if the SDM declines to solemnise the marriage. After 30 days of notice, the SDM solemnise the marriage if there are no objections. On the day of the marriage ceremony, both couples, as well as three witnesses, must be present. The names of witnesses should be submitted at least one day in advance.
Marriage certificate Delhi: Eligibility
According to the 2014 Compulsory Registration Marriage Order, the applicant is eligible for marriage registration if they fulfil the following criteria:
- The bride or the groom must be an Indian citizen.
- The bride must be at least 18 years old and the groom at least 21. (As of the wedding date).
- Within the NCT of Delhi’s administrative territory, the marriage has been solemnised.
- In accordance with the Delhi Compulsory Registration of Marriage Order 2014, registration must be completed within 60 days, omitting the day of the final ceremony of marriage.
- If a marriage also isn’t registered within the required or extended term, a penalty will be applied.
- On the day of the appointment with the marriage officer, both parties (the bride and groom) must be present in person, together with two witnesses who can attest to the fact that they are Delhi permanent residents and who will attest to the ceremony of the marriage.
According to the Hindu Marriage Act of 1955, the applicant is eligible for marriage registration under the following conditions:
- The bride or the groom must be an Indian citizen.
- Within the NCT of Delhi’s administrative territory, a marriage has been solemnised.
- Any two Jains, Buddhists, Sikhs, Hindus, or Buddhists have been married.
- The bride must be at least 18 years old and the groom at least 21. (As of the wedding date).
- At the time of registration, neither party is married to more than one live spouse.
- Neither party has a mental disease of a type or severity that makes them unfit for marriage and childbearing, even if they are both capable of giving legal consent, or they both are capable of giving legitimate consent but have such a problem; or
- The parties are not “sapindas” of each other unless the custom or usage controlling each of them permits marriage between the two.
- The parties have been residing together as husband and wife.
- One party must dwell permanently in the Delhi district where the marriage officer is based.
- On the day of the appointment with the marriage officer, both parties (the bride and groom) must be present in person, together with two witnesses who can attest to the fact that they are Delhi permanent residents and who will attest to the solemnisation of the marriage.
According to the Special Marriage Act of 1954, the applicant is eligible for marriage registration under the following conditions:
- The bride or the groom must be an Indian citizen.
- Within the NCT of Delhi’s administrative territory, a marriage has been solemnised.
- The bride must be at least 18 years old and the groom at least 21. (As of the wedding date).
- At the time of registration, neither party is married to more than one live spouse.
- Neither party is incapable of providing legally binding consent as a result of being mentally incompetent.
- The parties are not within the degrees of a prohibited connection unless the custom or usage guiding each of them permits marriage between both the two or has been suffering from a mental disorder of a kind or to such an extent as to be unfit for marriage as well as the procreation of children or has been subject to recurrent attacks of insanity or epilepsy.
- As husband and wife, the parties have already been residing together.
- Prior to the day on which an application is made to the Marriage Officer in Delhi for the registration of the marriage, the parties must have lived in the district for at least thirty days.
- On the day of the appointment with the marriage officer, both parties (the bride and groom) must be present in person, together with three witnesses who can attest to the fact that they are Delhi permanent residents and who will attest to the solemnisation of the marriage.
Marriage certificate Delhi: Documents required
The following documents are required to acquire a marriage certificate in Delhi for already solemnised marriages:
- Both the husband and wife have properly signed the application.
- Documentation proving the parties’ dates of birth (Matriculation Certificate, Passport, Birth Certificate). At the time of registration under the Special Marriage Act, both parties must be at least 21 years old.
- Ration card of the spouse whose SDM has been contacted about the certificate.
- Documentary proof that the parties spent more than 30 days in Delhi in the context of the Special Marriage Act (ration card or report from the concerned SHO).
- A joint affidavit by both parties detailing the location and date of the wedding, the parties’ birth dates, their marital status at the time of the wedding, and their nationalities.
- Two passport-sized photos of the couple.
- If one is available, a marriage invitation card.
- A certificate from the priest who officiated the marriage is necessary if it was solemnised in a place of worship.
- The application form must be accompanied by a receipt and a deposit of Rs. 100 for the Hindu Marriage Act and Rs. 150 for the Special Marriage Act at the district cashier.
- A declaration that, in accordance with the Hindu Marriage Act or the Special Marriage Act, as the case may be, the parties are not related to one another to an unallowable degree.
- When a spouse has passed away, an attested copy of the spouse’s death certificate should also be provided.
- A conversion certificate from the priest who performed the marriage is required if one of the parties practises a religion other than Hinduism, Buddhism, Jainism, or the Sikh faith (in the case of the Hindu Marriage Act).
Note: A Gazetted Officer must testify to all documents, with the exception of the receipt.
The following documents are required to acquire a marriage certificate to solemnise marriages:
- Properly completed and signed application form by the bride and groom.
- The receipt must be included with the application, and a fee of Rs. 15 must be paid to the district cashier.
- A birth certificate, passport, or matriculation certificate as proof of the parties’ dates of birth.
- Documentary proof that one of the parties spent more than 30 days in Delhi (ration card or report from the concerned SHO).
- Affidavits signed separately by the bride and groom stating the birthdate and current marital status: single, widowed, or divorced.
- A declaration that the parties’ relationships with one another do not fall under the category of forbidden relationships as described under the Special Marriage Act.
- Two copies of each party’s passport-size photograph with the proper attestation from a Gazetted Officer.
- For divorcees, a copy of the divorce decree or order, and for widows or widowers, a copy of the spouse’s death certificate.
Marriage certificate Delhi: Online registration procedure
The following is the procedure for Online Registration to acquire a marriage certificate Delhi.
Step 1: Fill in the application forms
- For an application form to register a marriage under the Hindu Marriage Act, go here.
- For an application form to register a marriage under the Special Marriage Act, go here.
- Any person with a PAN for income tax purposes, any officer or official of the Central or State government, the UT Administration, a PSU, or an autonomous body whose identity can be verified should click here for an identification certificate.
Step 2: Make an appointment
You must schedule an appointment once all the required paperwork or photos are completed.
You can schedule this appointment online or by going in person to the court that handles your case.
Online appointment requests
- Visit the website at edistrict.delhigovt.nic.in and register by clicking “Make Appointment with DM”
- Choose your district, then go.
- When prompted, enter the husband’s information and choose “Registration of Marriage Certificate.”
- Select the appointment date and complete the Marriage Certificate form.
- Simply click “Submit Application.”
- After that, you will get an acknowledgement page with instructions and information about your appointment.
- On that website, there will be a link to a completed form.
- Get a copy of the acknowledgement on paper.
Step 3: Fee for marriage certificate registration
The following is the cost for a marriage registration certificate in Delhi:
- If the Hindu Marriage Act applies, the fee is Rs. 100;
- If the Special Marriage Act applies, the fee is Rs. 150.
Note: The application form must be submitted along with the receipt for payment to the District cashier.
Step 4: Witness requirement
Applicants for marriage licences must have a witness with them. Anyone who is in possession of an Aadhaar card, PAN card, or another form of recognised identification from the list of documents above may serve as a witness. The witness should have been present at the wedding and, ideally, should not be immediately blood-related.
Step 5: Last step
Under the Special Marriage Act
Following the submission of documentation for the issuing of a public notice, which invites objections, both parties—the bride and the groom—must be present. Additionally, a copy of the wedding announcement would be posted on the office notice board, and a copy would be delivered by registered mail to the groom and bride at the addresses they provided.
Registration is carried out thirty days following the notice date if there are no objections. The registration date must be observed by both parties, as well as three witnesses.
Under Hindu Marriage Act
When applying for a marriage certificate under the Hindu Marriage Act, the relevant documentation for both parties is verified on the application date, and a specific date is set for registration. Both parties must be present on the day of registration, as well as any witnesses who were present at the wedding, to fulfil the requirements.
Marriage certificate Delhi: Grounds for prohibition
The following are the grounds for prohibition under the Hindu Marriage Act 1955:
Section 3 (g):
“Degrees of Prohibited Relationship” – Two people are said to be within the “degrees of Prohibited Relationship” –
- if one of them is a lineal descendant of the other;
- if one of them was the spouse of a lineal ascendant or descendant of the other;
- if one of them was the wife of the other’s brother; father’s; mother’s; grandfather’s; grandmother’s brother of the other; or
- if the two are siblings—a brother and a sister, an uncle and a niece, an aunt and a nephew, or the offspring of two siblings—a brother and a sister
Section 3 (f):
- “Sapinda relationship” with regard to any individual extends up to the third generation (inclusive) in the line of ascendance through the mother and the fifth generation (inclusive) in the line of ascendance through the father, the line in each case being traced upwards from the individual in question, who is to be counted as the first generation;
- Within the bounds of sapinda relationship, or if they share an ascendant, that ascendant is within the bounds of sapinda relationship with respect to each of them;
Explanation – For the purposes of clauses 3(f) and 3(g), “relationship” includes “relationship by half or uterine blood”, as well as “relationship by full blood,” “illegitimate blood relationship”, as well as “legitimate blood relationship,” and “relationship by adoption” as well as “relationship by blood.” All terms of relationship in those clauses are to be interpreted in this manner.
The following are the grounds for Prohibition under the Special Marriage Act 1954:
Section 2 (b):
“Degrees of banned relationship” refers to a relationship between a male and any of the people listed in Part I of the First Schedule and a woman and any of the people listed in Part II of the same Schedule.
According to Explanation (I), the relationship comprises the following:
All terms of relationship in this Act should be interpreted to include relationships based on adoption as well as relationships based on blood, including relationships based on half or uterine blood as well as relationships based on full blood.
Explanation (II)
Two people are said to be related by “full blood” and “half blood” when they share a common ancestor with the same wife and by the latter term when they share a common ancestor with different wives.
Explanation (III)
When two people share a common ancestress but have separate husbands, this is referred to as having “uterine blood” between them.
Explanation (IV)
“ancestor” in Explanations II and III refers to the father, and “ancestress” to the mother;
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FAQs
Where must I go, and when must I be there for marriage registration?
On any working day from 9.30 am to 1 pm, go to the Sub-Divisional Magistrate's office whose area any of the husbands or wives reside in.
How long does it take to register a marriage in Delhi?
In the case of registering a marriage under the Hindu Marriage Act, you should typically receive a response in 15 days and in 60 days under the Special Marriage Act. The Special Marriage Act of 1954 allows for the solemnisation of marriages in conformity with its rules.
Is there a fine for registering a marriage after the deadline in Delhi?
You will be penalised if you don't register your marriage in Delhi within 60 days of the wedding day.