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Did you know that marriages have certain customs and ceremonies and without the completion of all of the ceremonies, a marriage is not even considered a legal marriage? Imagine a scenario wherein you and your partner are living happily for many years and suddenly he deserts you and marries someone else. Imagine being left and dry and when you go to the courts to get a divorce/claim maintenance, you find out that your marriage is not solemnized as per the proper customs and ceremonies and thus is not a legal marriage.
There have been many cases which have had problems exactly such as this. The only way to make sure and to prevent problems such as these from occurring and to tell the world that your marriage is valid and legally recognized is to have a marriage certificate. A marriage certificate is an official document which is issued by a government authority and it recognizes the changed marital status of a couple.
In Hindus, a marriage that has already been solemnized can be registered under the Hindu Marriage Act, 1955 or Special Marriage Act, 1954.
HINDU MARRIAGE ACT
There are two ways in which a marriage can be registered under the Hindu Marriage Act. 1. Sub-Divisional Magistrate office: You or your spouse can apply at the office of the sub-divisional magistrate under your jurisdiction between the hours of 9:30 am to 1:00pm You will have to fill the application form signed by both All your documents will be verified on that same day and you will be given a future date for registration On the date of registration, both parties need to be present before the sub-divisional magistrate and will be handed over their certificate. 2. Online registration Go to the webpage http://edistrict/delhigovt.nic.in/ You will then be asked to select your district and continue onwards. Fill both spouses details and choose registration of marriage certificate Fill the form and you may even choose the date of appointment. You will have to then click submit application. Take a printout of the acknowledgment slip. Appointment may take only 15 days under the Hindu Marriage Act in online registration but the same may take up to 60 days under the Special Marriage Act.
Documents required:
Application form signed by both spouses Fees of Rs. 100 to be deposited Proof of identity such as aadhar card, PAN, passport, or driving license. Birth Certificate Residential proof Marriage Card, if available Affidavits of both spouses on Rs. 10 stamp paper attested which contains the date and place of marriage, date of birth, marital status of the parties at the time of marriage, citizenship, religion, parties are not related to each other. Passport size photographs as well as marriage photographs For a divorcee- the divorce decree and for a widow/widower- the death certificate of spouse is required. For a foreign national, certificate from embassy declaring that the foreign national is not married previously or his marital status A conversion certificate if required.
SPECIAL MARRIAGE ACT
In the case of a marriage registered until the Special Marriage Act, the spouse which intends to register their marriage have to give notice in writing to the marriage officer of their district which can include the Sub- divisional magistrate, Assistant Divisional Magistrate or District Commissioners. The marriage officer shall review the notice received and shall publish it in the notice board of his office and in the office of the Marriage Registrar where the parties are residing. After 30 days, if no objections are received, the marriage shall be registered after the signing of the declaration in presence of 3 witnesses. The Spouses shall have to utter the words I take thee to be my lawful wife/husband. If any objections against the same are received, the Marriage Officer has to decide on the objection within 30 days and either solemnize/reject to solemnize the marriage. The parties can object/appeal to the district court in case the marriage is not solemnized by the Marriage Officer.
Application form filed by the spouses Fees of Rs. 15 should be deposited with the form Evidence Date of Birth (For ex: passport/birth certificate/matriculation certificate) Evidence of jurisdiction of Marriage Officer (the jurisdiction of marriage officer is dependent on either of the parties staying in the Marriage Officers jurisdiction for more than 30 days. ) Ex: electricity bill, gas bill, telephone bill, ration card Separate affidavits from the bride and groom which shall include date of birth, marital status, affirmation that the parties are not in a prohibited relationship Passport size photos For a divorcee- the divorce decree and for a widow/widower- the death certificate of spouse is required.
Tatkal Marriage Certificate Recenty, the Revenue Department of Delhi government has issued a tatkal single day registration of marriage which is given at top priority. This means of registration gives a certificate within 24 hours after the payment of Rs. 10,000 as the remuneration for the service. Thus, this process has made marriage registration a lot easier.
A marriage certificate is not another license that one can just choose to not obtain. A marriage certificate is the check that government needs in order to regulate child marriages and it is also the security that couples required in securing their rights against each other. A lot of times couples do not get their marriage registered citing the hard registration process to be tedious and unnecessary but this is an absolutely essential requirement that the couples need. I hope that after reading this, a lot of you have enough information and inclination to get your marriages registered.