The Supreme Court of India made it a requirement to register all marriages and refused to consider ceremonious marriages not registered with the law as valid. There are two Acts to register a marriage in India; the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.
The Hindu Marriage Act applies to Hindus, Buddhists, Jains, or Sikhs, whereas the Special Marriage Act applies to all other citizens of India irrespective of their religion. It provides for the celebration of a marriage as well as the registration by a Marriage Officer. One of the main eligibility criteria for marriage is the age requirement of 21 years for males and 18 for females.
What are some of the details of the special marriage act, 1954?
The Special Marriage Act applies to all citizens of India, other than the above-mentioned religions. Any individual, even not following a specific religion can register their marriage under this Act. The couple wanting to register has to provide a written notice to the concerned marriage officer, following the specified format and forms. One of the parties to the marriage should be in the jurisdiction of the officer or resided in his vicinity for more than a month immediately preceding the notice date.
The notice copy will be affixed on the registration office notice board and another, sent to the marriage officer of the area, where one of the people getting married has a present or permanent address. Within the month, all objections to the notice are taken into consideration. The marriage officer conducts an inquiry and its details are crucial for whether the wedding can go on or not.
The wedding formalities continue only after the inquiry concludes. After a month from the date of the notice expires, and if there are no objections to the marriage, the process continues.
On the day of the formalisation of the wedding, three witnesses have to be present, along with basic identification documents for the marriage certificate. These include:
- Proof of age
- Proof of address of both parties
- An affidavit concerning
- Fit marital status
- Fit mental condition
- Proof of non-relationship between the parties within the degree of prohibition
- Passport size photographs
After all this information has been provided, the couple may apply to get their marriage registered and receive an official marriage certificate from the registrar. According to the Act, no religious ceremonies are needed to complete the marriage.
What are some of the rules for a marriage to be acceptable under the special Marriage Act?
This Act has a couple of rules to be followed for a marriage to be lawful. Some of these are:
- Neither party can have another spouse at the time of marriage.
- Both the parties getting married should have a physical and mental capacity as per the section requires.
- The couple should be of legal age, the female, eighteen years and the male twenty-one.
- The parties should not be within the degree of prohibited relationship unless a custom governing one of them permits such a marriage.
- If the marriage violates any of the above conditions, the marriage will be null and void under the Special Marriage Act, 1954.
- For Hindus, Jains, Buddhists, and Sikhs, the Special Marriage Act is an alternative to the Hindu Marriage Act 1955.
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Birth certificate in Indiais an important document of proof that depicts your permanent existence in a country. For every Indian citizen born here, having a Birth certificate is compulsory. This document is important if you want to avail services like healthcare and majority education for the child. Once you register for Birth certificate, you automatically get registered to government records which helps you take benefits of legal rights, resources and protection from the country.
Birth certificate helps as a proof when you get your school and college marksheets. It is also the first proof you give to get your identifications issues by the government like passport, adhaar card. Living in a country without Birth certificate issued by correct authorities can be considered illegal and strict actions can be taken.
Birth certificate in India
A birth certificate is issued by Municipal Corporation in urban areas , Tehsildar at Taluk level and gram panchayat in village level.
Most basic Procedure-
Step 1: Bring a birth certificate registration form from your respective registrar’s office.
Step 2: After the birth of the child in a hospital, this form is provided by the medical incharge there.
Step 3: Within 21 days of time, you have to fill the form.
Step 4: If you fail to register in 21 days, a police verification is issued and only then registeration is done.
Step 5: In the verification (Date and place of birth, parents’ ID proof, nursing home etc) are all verified and only then the birth certificate is issued.
Step 7- After the verification and approval, you then have to follow back after 7 days to physically obtain the birth certificate.
Since many of the government facilities have started going online in terms of filling applications and issuing documents, services to obtained Birth certificate in India online is available.
- Online procedure to obtain birth certificate
There is an online website e-Nagarsewa which is used for applying birth certificate.
1. First register yourself on the website.
2. Complete your registration and you will receive a login id (your mobile number) and along with this you will also receive an auto-generated password which will be sent on your respective mobile phones.
3. Then you have to login with the login ID and password you received on your mobile number.
4. On the dashboard screen, you will find a link to apply for birth certificate. Click on the link.
5. Fill in all the details as asked in the form and submit the form.
6. Once you finish filling the form, you will receive an SMS on the registered mobile number regarding the same and confirming the registration.
The easiest way to obtain Birth certificate is to get it from the hospital itself.
- Obtain birth certificate from the hospital
1. This is a very easy way to obtain certificate since many hospitals provide this service.
2. Right after the child is born, you can apply for the birth certificate in the hospital itself.
3. The hospital operator or medical in charge will fill in the application on the information provided by citizens.
4. An SMS is sent to your mobiles phones when the registration is completed.
The death certificate is a compulsory legal document based on which inheritance of property, insurance settlement, and other legal claims are processed. It is a primary document that mentions the date and time of the death, most importantly, it states the cause of the death, that is not to be disclosed.
According to the Registration of the Births and Deaths act, 1969, there are chief registrars at the state and subordinate level who need to process the function of death registration.
What is MCCD?
Death is the fact that every individual needs to acknowledge and accept; its most important aspect is its certification. Mortality statistics account for an importantpart of the vital data of a country. It is essential for public health executives, who depend heavily on the analysis of causes of death for formulating health care policies for the country. It is also important for issues like life insurance claims and the following:
- Provident fund claims
- Deleting the name of the devoter from the voter’s list or employer’s register.
- Hospital reimbursement
- Acquiring a probate or succession certificate.
Medical Certification of Cause of Death (MCCD) in India is carried out in accordance with the Government Medical Certification Scheme; this scheme incorporates the training of medical practitioners. MCCD is the most frequently issued certificate in India that is of immense medical and legal importance.
Who needs to report death and when?
As the religious and customary rituals in the deceased’s family are performed, the death needs to be reported within 21 days of its occurrence. According to the RBD act, the head of the family needs to report the death. However, in ordinary circumstances, any member of the family or the oldest male member can also register the death. If the death has taken place in a hospital, the medical in-charge or the chief medical officer should report the same. Even the medical practitioner who had attended the deceased in his/her last days can report and certify the cause of the death. If the death happened in prison, the jail in-charge needs to report the death within 21 days.
List of documents that are required to be submitted
You might be asked for some or all of these documents by your respective state registrar before issuing a death certificate:
- Proof of age- birth certificate
- A copy of ration card
- Residential proof- rental or lease agreement or electricity bill
- Filled application form with the signature of the applicant
It is to be noted that under the rules of the RBD Act, the registrar will enter the name of the deceased in the death records without any fee.
The person approaching the registrar may also have to furnish his/her document as evidence specifying his/her relationship with the deceased. If any delay is caused in reporting the death after 21 days from the date of the death, a nominal late fee has to be paid.
It is important to register the death of any family member to avoid any complications later.