Marriage Registration – Hindu & Special Marriage Acts

Last updated: Type: Article

Legal Basis & Key Principles

  • The Hindu Marriage Act, 1955 covers Hindus, Buddhists, Jains, Sikhs.
  • The Special Marriage Act, 1954 allows civil/interfaith marriages without religious ceremonies.
  • In Seema v. Ashwani Kumar (2006), the Supreme Court directed that all marriages (of Indian citizens) should be made compulsorily registerable in their respective States.
  • However, registration alone doesn't validate a Hindu marriage if rituals under Section 7 (like saptapadi) were not performed. The Supreme Court recently held that mere registration without rituals cannot confer marital status.

Procedure & Requirements

Step Hindu Marriage Act Special Marriage Act
Notice / waiting None 30 days public notice (to receive objections)
Ceremony requirement Must have valid Hindu rites (Section 7) Not required; civil solemnisation suffices
Registration office Local marriage/sub-registrar (within jurisdiction) Marriage Registrar of district where either partner resides
Presence on registration Both spouses + witnesses must appear Same requirement
Timeline May be same day (if no objections / formalities) After 30 days + objection handling
Certificate issuance Once registration is done After completion of formalities and no valid objections

Documents Required

  • Proof of age (birth certificate, school certificate, passport)
  • Proof of residence/address (Aadhaar, voter ID, passport, utility bills)
  • Passport-size photos of both spouses
  • Proof of marriage (invitation, wedding photos)
  • Witnesses' identity proofs (usually 2 or 3 witnesses)
  • Affidavit/declaration (as per state rules)
  • If previously married: divorce decree/death certificate of former spouse

Fees & Examples (State-wise / Localized)

  • In many states, Hindu Marriage registration costs ~ ₹100
  • For Special Marriage registration, typical fee ~ ₹150
Maharashtra:
  • Special Marriage registration: ₹100
  • Solemnization at Registrar's Office: ₹150
  • Solemnization at other venue: ₹1,000
  • Certificate: ₹25
Delhi:
  • Under Hindu Marriage Act: ₹100
  • Under Special Marriage Act: ₹150

Jaipur (Rajasthan): ~ ₹500–1,500 depending on Act & local rules.

State Comparison: Marriage Registration Rules & Fees

State Key Rules / Highlights Fee & Time Estimates Notes/Special Provisions
Delhi Registration via office of Deputy Commissioner. Either spouse can apply in their jurisdiction. • Under Hindu / religious marriage: ~ ₹100 (application fee)
• Special Marriage Act: ~ ₹150 in many cases
• Solemnization fee: ₹150 under Delhi's registrar's system.
Witnesses needed. Affidavits etc. Some "Tatkal" schemes may be available though not uniformly under all Acts.
Maharashtra Both Hindu Marriage Act & Special Marriage Act apply. Registration via Marriage Registrar. Special Marriage Act solemnization venue options vary. • Application fee under SMA: ~ ₹100
• Solemnization at Registrar Office: ₹150
• Solemnization at other venue: ₹1,000
• Marriage Certificate issuance: ₹25
• Certificate timeline: marriage certificate ~ 15 days under SMA routes in Maharashtra when solemnized at Registrar Office and notice filed.
If the venue is outside Registrar Office, fees are higher. Some 'fast-track' or weekend registrations being introduced in larger cities (e.g. Mumbai) with extra charges.
Uttarakhand Uniform Civil Code (UCC) in force since Jan 27, 2025. Registration mandatory for marriages solemnized since March 26, 2010. Delay penalties apply. • Registration fee under UCC: ₹250 normally.
• Fee waivers granted till certain date: no registration fee till July 26, 2025; later extended till Jan 26, 2026 in many cases.
• CSC centres charge ₹50 (including GST) for service, even during the exemption period.
• Penalty for non-registration: upto ₹20,000.
Must register within 60 days of the ceremony. Marriages before UCC implementation but after 2010 need to be registered within 6 months. Late registration/false documentation attracts fines. Special camps/digital assistance being provided.

FAQs 

1. Is marriage registration compulsory in India?

Yes. The Supreme Court has ordered that all marriages must be made registerable by states.

2. Does registration alone make a valid Hindu marriage?

No. Under Hindu Marriage Act, the marriage must be solemnised with proper rituals (Section 7). Registration is proof only when due ceremonies have been performed.

3. Can I register a marriage without a ceremony?

Under the Special Marriage Act, yes—religious rituals are not mandatory.

4. Can I register many years after the wedding?

Yes, registration can be done anytime later, provided documents and witnesses are available.

5. How many witnesses are required?

Generally 2 or 3 adult witnesses with valid ID proofs.

6. Do both spouses need to be present?

Yes, at the time of registration both must appear (unless special dispensation by registrar).

7. Can marriages done in one city be registered in another city?

Yes, if one spouse has residency / address proof in that jurisdiction.

8. Is same-sex marriage registration allowed?

Currently, Indian law does not recognize same-sex marriages under the HMA or the Special Marriage Act.

9. What is the waiting period under the Special Marriage Act?

30 days (for objections) from the date of notice.

10. Can NRI marriages be registered?

Yes, if one spouse has valid Indian address and requirements under the Act are met.

11. What happens if registration is not done?

Marriage remains legally valid (if rituals done) but evidence in legal, immigration, property, insurance cases becomes difficult.

12. Is the Indian marriage certificate valid abroad?

Yes. For many countries, you may require apostille or embassy attestation.

13. Do parents need to attend registration?

No, if both spouses are adults (18+ bride, 21+ groom).

14. Can registration be done online?

In many states yes—application, uploading documents, then physical verification.

15. How long does registration take?

Under Hindu Marriage Act: often same day or few days if no objections
Under Special Marriage Act: after 30 days + handling objections

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