The Hindu Marriage Act, 1955 ( 18th May, 1955 )
The word Marriage is know as word "Vivaha" (Sanskrit) and word "Vivaah" (Hindi) in India. According to Hinduism the marriage a sacrament known as "Sanskara" through which both husband and wife tie up themselves with each other in a divine knot for present life and upcoming lives. In other words Hindu Marriage is a union of male and female to pursue Artha, Dharma and Kama together.
The Hindu Marriage Act of 1955 is applicable to Hindus, Jains, Sikhs and Buddhists. A religious marriage which has already been solemnized can be registered under the Hindu Marriage Act, 1955. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. The Hindu Marriage Act provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years; they both should not be within the degree of prohibited relationship.
Documents Required For The Registration Of Court Marriage
1. Passport Size Photographs four each of Boy and Girl both.
2. Affidavitmust be attested by Magistrate / S.D.M. or Notary Public with Register Entry No.
3. Residential Proof (Voter Card, Passport, Ration Card, Driving License, Bank Passbook , Matriculation certificate , Rent Deed) of Marrying Persons.
4. Date of Birth Proof (Voter Card, Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of Marrying Persons.
5. If any party is divorcee Certified copy of Decree of Divorce granted by the Court.
6. If any party is widow / widower Death Certificate of the dead spouse.
7. If any party is a Foreign Citizenor holding a foreign Passport or is having foreign residential address - Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.
8. Two Witnesses Both should be major (Voter card, Driving Licence, Passport, 2 Passport size photo - one of these)
9. Marriage Invitation Card, if available.
For Registration of Marriages which have already been solemnized, following documents are required:
1. Application form duly signed by both husband and wife.
2. Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate). Minimum age of both parties is 21 years for male and 18 years for female, at the time of registration under the Special Marriage Act / Hindu Marriage Act.
3. Ration card of husband or wife, at least one should be resident of Delhi for 30 days.
4. In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO, Police Station). (NOTE: Delhi High Court in Vikram Aditya Singh & others Vs. UOI & others, CW15079/2006 held that this condition in Delhi Hindu Marriage Registration Rules, is ultra vires and solemnisation is sufficient for registration; see other case - Seema Vs Ashmin Kumar 2006 2SCC 578).
5. Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
6. Two passport size photographs of both the parties and one marriage photograph.
7. Marriage invitation card.
8. If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
9. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Special Marriage Act. For details of such relationships please read below at end.
10. Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
11. In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act).