Marriage Registration in Delhi

Marriage Registration As per Indian Law & Delhi Rules

Marriage registration is not only a formality — it is a legal requirement under Indian law. Whether you are married through a traditional ceremony, Arya Samaj, court marriage, inter-caste, or inter-religion marriage, getting your marriage registered ensures that your marriage is legally valid, recognized by the government, and protected under the law.

1. Legal Requirement Under Indian Law

A. Hindu Marriage Act, 1955 (HMA)

• If both partners are Hindus, Sikhs, Buddhists or Jains, the marriage can be registered under the Hindu Marriage Act, 1955. The Act recognizes marriages performed through customary rituals. Registration is strongly recommended because it provides legal proof of marriage. Although the HMA does not make registration mandatory, the Supreme Court of India (Seema vs Ashwani Kumar, 2006) however, directed all states to make marriage registration compulsory for every community for better identification to prevent frauds.

B. Special Marriage Act, 1954

• If partners are from different religions, or they want to marry directly before the court, the registration happens under the Special Marriage Act, 1954.

  Under SMA: A 30-day notice period is mandatory. Marriage takes place before the Marriage Officer. Registration is compulsory and is the legal proof of the marriage.

C. Muslim, Christian, Parsi & Other Marriages

• Each community has its own marriage laws, but registration is required to make the marriage legally recognized. Examples: Christian Marriage Act, 1872 Parsi Marriage & Divorce Act, 1936 However, the certificate issued by the church/mosque alone is not legally sufficient. The civil marriage certificate is still needed.

2. Delhi Government Rules on Marriage Registration

In Delhi, marriage registration is governed by: Delhi (Compulsory Registration of Marriage) Order, 2014 Issued after the Supreme Court directive, it makes registration mandatory for all marriages performed in Delhi, regardless of religion.

Key rules in Delhi:

1. You must register your marriage within 90 days of the ceremony (recommended).

2. Registration is done at the SDM (Sub-Divisional Magistrate) office of your jurisdiction.

3. Both partners must appear in person on the appointment date.

4. Proper documentation is required: ID proofs, age proofs, marriage photos, witnesses, etc.

5. A digital marriage certificate is issued by the Delhi Government.

3. Practical Benefits of Marriage Registration

1. Required for Visa, Immigration & Foreign Travel Essential for Spouse visa PR / Green card, NRI registration, Name change in passport.

2. Protection of Legal Rights Important for Property rights, Joint assets, Inheritance, Alimony & maintenance Child legitimacy.

3. Required for Government Schemes For Maternity benefits, Health insurance, Family pension, School documents of children

4. Helps During Emergency, Disputes, Police or Court Matters. A marriage certificate gives you strong legal standing.

Documents & Fees Required for Marriage Registration in Delhi

Note: This documents are for only Registration of Marriages which have already been solemnised.

1. Application duly signed by both husband and wife.

2. Fee of Rs.100/- is to be deposited with Marriage Clerk and the receipt is to be appended with the form.

3. Self attested documentary evidence of date of birth of both parties. (Matriculation Certificate/Passport/Birth Certificate)

4. Self attested residential Proof of both the parties (Voter I-Card/Ration Card/Driving Licence/Passport etc.).

5. Self attested Marriage Invitation card, if available.

6. Separate affidavits in prescribed format from Husband & Wife giving:-

   1. Date and place of marriage.

   2. Date of Birth.

   3. Martial status at the time of marriage.

   4. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act.

   5. Citizenship Declaration.

7. Identification Certificate.

8. Passport size photograph of both the parties (2 Copies each) as well as their marriage photographs duly attested.

9. Attested copy of divorce decree/order in case of a divorce and death certificate of spouse in case of widow/widower.

10. Where marriage has been solemnized at a religious place like Arya Samaj Mandir, a certificate from the priest is required.

11. In case of a foreign national, a certificate from the Embassy concerned regarding his or her present martial status.

12. 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 is required.

13. The applicants have to apply for registration of marriage to the office of the SDM in whose territorial jurisdiction either of the applicants resides.

14. If the marriage is solemnized in Delhi but the applicants were not residing in Delhi, application for registration of the marriage shall have to be made to office of the Deputy Commissioner in whose jurisdiction the marriage has been solemnized.

Documents & Fees Required for Marriage Registration in Delhi

Note: This documents are for only Solemnisation of Marriage under Special Marriage Act

1. Application form duly filled and signed by the bride and the groom.

2. Fee of Rs.15/- is to be deposited with cashier of District and the receipt should be attached with the form.

3. Documentary evidence of date of birth of both parties (Matriculation Certificate/Passport/Birth Certificate).

4. Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned SHO).

5. Separate affidavits from bride and groom giving:

   1. Date of birth.

   2. Present marital status: unmarried/widower/ divorcee.

   3. Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.

6. Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.

7. Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.