**Sample PDF of the Affidavit is attached at the end.
Why is this application used?
- To register a marriage already solemnised under Hindu customs/rites.
- To obtain a Marriage Certificate, which is the government-recognised proof of marriage.
- To comply with Section 8 of the Hindu Marriage Act, 1955, which allows State Governments to make rules for registration.
When is it used?
- After a Hindu marriage is performed as per customary rites.
- Within the time limit prescribed by the State rules (varies: some States require 30 days, some allow late registration with a fine).
- Often used when proof of marriage is required for:
- Passport or visa applications
- Property/nominee changes
- Insurance or pension claims
- Court/legal proceedings
What is its purpose?
- To legally document the marriage.
- To protect the wife's and husband's rights in law (inheritance, maintenance, custody).
- To prevent disputes later (especially in cases of desertion, succession, or NRI marriages).
Other important things:
Eligibility: Both must be Hindus (includes Buddhists, Jains, and Sikhs).
Documents required (usually):
- Proof of age (birth certificate, school certificate, passport)
- Proof of residence (Aadhaar, voter ID, ration card)
- Proof of marriage (wedding invitation, photos, priest's certificate)
- Passport-sized photos
- Affidavits (no prohibited relationship, no prior spouse alive)
- Witnesses: At least 2–3 witnesses required.
Fees: Nominal (₹100–₹500 depending on State; late fee extra).
False statements: If you lie, it amounts to perjury under Bharatiya Nyaya Sanhita, 2023 (Sections 227–229, 238).
FAQs
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Q1. Is marriage registration compulsory under the Hindu Marriage Act?
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Not strictly compulsory under HMA, but highly recommended. Some states (like Himachal, Uttarakhand, and Delhi) made it compulsory via local rules. The Supreme Court in Seema vs Ashwani Kumar (2006) directed all marriages to be registered.
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Q2. Can we apply online?
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Yes, in many states (e.g., Delhi edistrict.delhigovt.nic.in and Maharashtra mreg.maharashtra.gov.in).
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Q3. What if one spouse is not Hindu?
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Then you cannot use the Section 8 HMA form. You need to register under the Special Marriage Act, 1954.
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Q4. What if we didn't register the marriage immediately?
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You can still register later with a late fee + affidavit.
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Q5. Is the marriage certificate valid outside India?
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Yes, it is a legal public document. For foreign use, you may need an apostille/attestation from the MEA.
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Q6. Who can file this application?
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Either spouse (husband/wife) jointly has to apply.
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Q7. Does it make a void marriage valid?
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No. Registration does not cure an invalid marriage (e.g., if one party already had a living spouse).
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Q8. Can registration be denied?
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Yes, if:
- Parties are underage.
- Marriage is within prohibited degrees,
- Fraud/false details are found.
Downloads & Resources
Legal Affidavit Document
APPLICATION FOR REGISTRATION OF MARRIAGE UNDER SECTION 8 OF THE HINDU MARRIAGE ACT, 1955
(Central Act – 25 of 1955)
1. NAME & PARENTAGE OF THE PARTIES
HUSBAND
___
FATHER'S NAME
___
WIFE
___
2. AGE / DATE OF BIRTH
HUSBAND
Age: ___
Date of Birth: ___
WIFE
Age: ___
Date of Birth: ___
3. PERMANENT DWELLING PLACE (IF ANY)
HUSBAND
___
WIFE
___
4. PRESENT DWELLING PLACE
HUSBAND
___
WIFE
___
5. RELATION OF ANY PARTIES BEFORE MARRIAGE
___
6. DETAILS OF MARRIAGE
A Hindu Marriage was solemnised between ___ and Smt. ___ on ___ at ___.
According to our customary rites and ceremonies, we declare that we have been living together as husband and wife ever since the date noted above.
7. DECLARATION
Neither of us had a spouse living at the time of marriage.
Neither of us was an idiot or a lunatic at the time of marriage.
Husband had completed the age of twenty-one years and wife had completed the age of eighteen years at the time of marriage.
Consent of the guardians of the wife, namely
___,
Relationship: ___, was obtained.
We are not within the degrees of prohibited relationship according to the custom or usage having the force of law governing each of us.
We are not sapindas of each other.
8. MARITAL STATUS AT THE TIME OF MARRIAGE
HUSBAND
___
WIFE
___
NOTE: Score out whichever is not applicable.
We declare that the above particulars are true to the best of our knowledge and belief.
Station: ___
Dated: ___
Signature (Husband)
___
Signature (Wife)
___
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