Answer By law4u team
In India, the waiting period for marriage registration varies depending on whether the marriage is registered under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. However, in both cases, the waiting period primarily refers to the time between the submission of the application for registration and the issuance of the marriage certificate.
Marriage Registration under the Hindu Marriage Act (1955)
Under the Hindu Marriage Act, marriage registration is optional but recommended to obtain legal recognition. The procedure is as follows:
- Waiting Period: Typically, the waiting period after applying for marriage registration under the Hindu Marriage Act is 15 days. The couple must submit the marriage registration application to the local marriage registrar, and the registrar will display a notice of the marriage at the office for 15 days. This allows for any objections to be raised regarding the marriage.
- Completion of Registration: If no objections are raised during the 15-day notice period, the marriage is officially registered, and the marriage certificate is issued. If there are no issues or objections, the registration is generally completed within a week after the 15-day period.
Marriage Registration under the Special Marriage Act (1954)
The Special Marriage Act applies to all Indian citizens, irrespective of their religion, and is typically used for interfaith marriages or when the couple desires a civil marriage.
- Waiting Period: For marriage registration under the Special Marriage Act, there is a 30-day waiting period. After submitting the application for marriage registration, a notice is published by the registrar at the marriage office, and it is displayed for 30 days. During this time, any objections to the marriage can be raised.
- Completion of Registration: After the 30-day period, if no objections are filed, the marriage is registered, and the marriage certificate is issued. If there are no issues, the registration is typically completed within a few days after the waiting period.
Factors That Can Influence the Waiting Period
- Objections: If someone raises an objection to the marriage during the notice period, the registration process can be delayed until the objection is resolved by the authorities.
- Incomplete Documentation: If there is any missing or incorrect documentation, the registration process can be delayed until the required documents are submitted.
- Court Intervention: In some cases, the registrar may refer the matter to the court if there are doubts about the validity of the marriage or if objections are raised.
Example:
If a couple applies for marriage registration under the Hindu Marriage Act on January 1st, and there are no objections, they can expect the marriage to be registered by January 16th (15 days for the notice). However, if the marriage is registered under the Special Marriage Act, the couple would likely have to wait until February 1st (30 days for the notice period) before the marriage can be officially registered.
Conclusion:
- Hindu Marriage Act: 15-day waiting period after application.
- Special Marriage Act: 30-day waiting period after application.
The waiting period is mainly for publishing the notice and addressing any objections before the marriage is formally registered.
