All Sub-Registrars are Registrars of Marriages under the Hindu Marriage Act and Marriage Officers under the Special Marriage Act. The party has to go to the Sub-Registrar’s Office in the local area.
What is the difference between registration of marriages under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954?
The Hindu Marriage Act is applicable only to the Hindus, whereas the Special Marriage Act is applicable to all citizens of India.
The Hindu Marriage Act provides for the registration of an already solemnized marriage. It does not provide for solemnization of a marriage by the Registrar. Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnized or to the Registrar in whose jurisdiction either party to the marriage has been residing for at least six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay upto 5 years by the Registrar and thereafter by the District Registrar concerned.
The Special Marriage Act provides for the solemnization of a marriage as well as for registration by a Marriage Officer. The parties to the intended marriage have to give a notice to the Marriage Officer in whose jurisdiction at least one of the parties has resided for not less than 30 days prior to the date of notice. It should be affixed at some conspicuous place in his office. If either of the parties is residing in the area of another Marriage Officer, a copy of the notice should be sent to him for similar publication. The marriage may be solemnized after the expiry of one month from the date of publication of the notice, if no objections are received. If any objections are received, the Marriage Officer has to enquire into them and take a decision either to solemnize the marriage or to refuse it. Registration will be done after solemnization of the marriage.
Any marriage already celebrated can also be registered under the Special Marriage Act after giving a public notice of 30 days, subject to certain conditions.
Are there any age limits prescribed?
Yes. The bridegroom and the bride must have completed 21 years and 18 years of age respectively.
Is it necessary for both the parties to the marriage to appear before the Registrar?
Ans: Yes. It is required under the law.
Whether a marriage between a citizen of India and a citizen of any other country can be registered either under the Hindu Marriage Act or the Special Marriage Act?
Ans:No. The above Acts are applicable only to the citizens of India.
What is the procedure for the registration of a marriage ?
An application for the registration shall be in FORM A and shall be signed by each party to the marriage or by the guardian. Such a party shall be presented in person before the Registrar in whose jurisdiction either party to the marriage has been residing for at least six months immediately preceding the date of marriage.
- The party has to append proof of age and marriage photo
- Both the parties to the marriage and the guardian if any, appear before the marriage Registrar personally.
- The application for registration of marriage shall be presented within one month of the date of solemnization of the marriage.
- If the delay is more than one month, up to 5 years, the Sub-Registrar will condone the delay.
- If the delay is above 5 years, the District Registrar will condone the delay.
What is the procedure for getting a marriage registered under the Special Marriage Act?
The parties to the intended marriage have to give a notice to the marriage officer in whose jurisdiction at least one of the parties must have resided for not less than 30 days prior to the date of notice.
This notice will be displayed on the notice board of the Sub-Registrar’s office. After the expiry of one month, if no objections are received, declarations by the bride and the bridegroom shall have to be filed. Then the marriage will be solemnized.
For more information, visit http://igrs.ap.gov.in/
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