How to apply for Marriage Certificate in India: Your complete guide


A Marriage Certificate is an important document. According to the Supreme Court of India, every married couple has to mandatorily register their marriage. This article guides you through the process of how and where married couples can register their wedding.

What is a marriage certificate and why do married couples need one. A Marriage Certificate is a legal document that stands as a proof two people are married to each other. It is also a proof that the marriage has been registered. The marriage certificate is an important piece of document and comes in handy for changing the maiden name, property disputes etc. The certificate is not something that a married couple must overlook.

There is this assumption that it is an unnecessary document – but every married couple must know that couples entering into matrimony need this legal document.
In the past, couples belonging to affluent families only would register their marriages, because of their stake in the family property. It made the succession of moveable and immovable property smoother.



It was in mid 2000's that the Supreme Court of India made the registration of marriages mandatory. There are many benefits of registering a marriage, as opposed to not registering it.

Benefits of the Marriage Certificate


Married couple often think of the registration of marriage a useless process. But, now every married couple must register their marriage, and here are the benefits attached to it –

Eases Visa processing for spouse


Anyone moving abroad on a posting or to pursue higher studies overseas, wanting to take their spouse along will need to apply to for a spouse visa for their partner. Vida issuing authorities of High Commissions and Embassies, recognise only the Marriage Certificate, as proof of marriage.
There have been instances where spouse visa has been denied because the Marriage Certificate could not be submitted to the Visa issuing authority.

Registered the marriage provide security


Inter caste and inter religion are quite common today. Such marriages are at times not accepted by the families of the couple. Couples who register their marriages cannot be coerced by their families to abandon their partner. There can be force used, since the marriage is legal and binding, under the law.

Many couples choose to marry according to their religious traditions as well as register their marriage.

Can prevent cheating and fraud


Registering the marriage gives it legitimacy in the eyes of the law, which can prevent fraudulent marriages from happening. There are instances where men and women marry multiple partners with the intent to cheat and exploit them. They deny the marriage took place Registering the marriage can prevent people from doing so.

Prevents child marriages


An under aged couple cannot register their marriage, even if it is solemnised according to religious rites. Such marriages have no legal standing. And since, it is mandatory to register marriages it acts as a deterrent for child marriages.

Averts abandonment


Since the marriage is registered, a spouse cannot abandon their partner, or deny that the marriage took place. It establishes that a couple is married.

Helps with inheritance


In the case of the demise of either of the partner, the marriage certificate simplifies the inheritance of the deceased's property in favour of the surviving partner.

Registration of a marriage is quite simple. The couple needs to submit the following –

  • Birth certificates
  • Passport size photographs
  • Proof of address
  • Two witnesses
  • Marriage registration form, duly filled with signatures of the couple and the witnesses
  • Marriage photograph
  • Marriage affidavit
  • Wedding invitation card

Legal Framework


The Indian legal system has two provisions under the Marriage Acts, under which a marriage can be registered –

  • The Special Marriage Act, 1954
  • The Hindu Marriage Act, 1955

The Special Marriage Act is applicable to any Indian citizen, whereas the Hindu Marriage Act is applicable to Hindu couples alone. A man and a woman are eligible for marriage only if they meet the minimum age requirement, mentioned under the law. The female must be 18 years of age and the male must be 21 years of age, at the time of their wedding. The individuals must also be unmarried, widowed or divorced. Additionally, the couple should not be related to each other, in a way that the law prohibits. They must also be of sound mental health.

Further, under the Hindu Marriage Act, a marriage that has already been solemnised according to Hindu rites can be registered. Under the Special Marriage Act, the marriage is solemnised by a Marriage Officer prior to the registration.

Obtaining the Marriage Certificate under the Hindu Marriage Act


The married couple has to make an application to the Registrar of Marriages, either in the jurisdiction where the marriage was solemnised or to a Registrar where either one of them has been residing preceding the marriage, for at least 6 months.

The couple has to present themselves before the Registrar, accompanied by their parents or witnesses, within a month after their wedding. The law has a provision for condonance for delay up to a period of five years, by the Registrar and by the Distract Registrar concerned in case the delay in the registration has been longer.

Obtaining the Marriage Certificate under the Special Marriage Act


Under this procedure the couple intending to marry must notify the Marriage Officer in the jurisdiction of either of them, where the individual has resided in the jurisdiction for at least 30 days, preceding the date of the notice.

This notice is displayed at the Registrar's office.

In instances, where one of the individuals resides in another jurisdiction then a copy of the notice has to be submitted to that Marriage Officer and the notice displayed in the Registrar's office.
The marriage is solemnised in front of the Marriage Officer, after the mandatory period of one month from the date of the notice, in case no objection has been received for the marriage to take place. In case the Registrar's office receives an objection the Marriage Officer conducts a thorough enquiry to verify the claims mentioned in the objection. The marriage is either solemnised or refused based on the results of the verifications. If the marriage is solemnised the registration of the same is done immediately. This registration is binding by law.



Under the Special Marriage Act, subject to certain conditions, a marriage that has already been solemnised can also be registered, after making a public notice at the Registrar's office.

Addresses and Website details of Registrar offices in major cities


  • Chennai
    Saidapet Registrar Office, 9, Jeenis Road,
    Saidapet, Chennai- 600015
    Chennai online Marriage Registration
  • Delhi
    Delhi online Marriage Registration
  • Mumbai
    Shah Consultancy, Shop no. 22, Crystal Plaza,
    Mira Road, Mumbai- 401107
    Shubh Mangal, A.K Marg,
    Bandra East, Mumbai- 400051
  • Kolkata
    Aastha Marriage Bureau, Shop No. 5/2, Cornfield Road,
    Ballygunge, Kolkata- 700019
    Trade Mark Registration Bureau, 1, Bansal Court,
    Netaji Subhash Road, Kolkata GPO, Kolkata- 700001


Article by Juana
Juana is a freelance writer, with years of experience, creating content for varied online portals. She holds a degree in English Literature and has worked as a teacher and as a soft skill trainer. An avid reader, she writes on a variety of topics ranging from health, travel, education and personality development.

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Comments

Author: Sanatan Baishya16 Aug 2017 Member Level: Bronze   Points : 0

One good article by the author which we do not care about it.
But sometimes it is the most important for us as quoted by the author.
Thanks for presenting this one.



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