Nikah Marriage Registration
Muslim Marriage
Marriage (nikah) is a solemn and sacred social contract between bride and groom. This contract is a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21. The marriage contract in Islam is not a sacrament. It is revocable.
The Muslim marriage is governed not by the Indian Majority Act, 1875 but by Muslim law itself. According to Muslim Law, Marriage / 'Nikah' is a contract underlying a permanent relationship based on mutual consent.
Enquiry NowEssential Features Of Muslim Nikah.
- A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract.
- There can be no marriage without free consent and such consent should not be obtained by means of coercion, fraud or undue influence.
- Just as in case of contract, entered by a guardian, on attaining majority, so can a marriage contract in Muslim Law, be set aside by a minor on attaining the age of puberty.
- The parties to a Muslim marriage may enter into any ante-nuptial or post-nuptial agreement which is enforceable by law provided it is reasonable and not opposed to the policy of Islam. Same is the case with a contract.
- The terms of a marriage contract may also be altered within legal limits to suit individual cases. Although discouraged both by the holy Quran and Hadith, yet like any other contract, there is also provision for the breach of marriage contract.
Advantages Of Marriage Certificate:-
- Certificate of marriage is a document providing social security, self-confidence particularly among married women.
- Certificate of marriage is useful in getting the visa for the wife/husband. For the proof of marriage in foreign embassies in India and Foreign Countries outside India, you need to have Marriage Registration Certificate. While applying for Spouse VISA, the foreign Embassies ask for Marriage Registration Certificate.
- Certificate of marriage is a document, which provides valuable evidence of marriage. In the unhappy circumstances of disputes (whether civil or criminal) between the spouses relating to divorce, dowry, maintenance and other cases, Marriage Registration.
- It will be helpful in claiming the Bank deposits or Life Insurance benefits when the depositee or the Insurer dies without a nomination or otherwise.
Following Documents Are Required:
- Application form duly signed by both husband and wife.
- Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate). Minimum age of both parties is 21 years for male and 18 years for female, at the time of registration under the Special Marriage Act / Hindu Marriage Act .
- Ration card of husband or wife, at least one should be resident of Delhi for 30 days.
- In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO, Police Station). (NOTE: Delhi High Court in Vikram Aditya Singh & others Vs. UOI & others, CW15079/2006 held that this condition in Delhi Hindu Marriage Registration Rules, is ultra vires and solemnisation is sufficient for registration; see other case - Seema Vs Ashmin Kumar 2006 2SCC 578).
- Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
- Two passport size photographs of both the parties and one marriage photograph.
- Marriage invitation card.
- If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
- Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Special Marriage Act. For details of such relationships please read below at end. 10. Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
- In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act).
- A valid Passport
- Original Birth Certificate showing parents' names.
- If the person concerned is widowed, the original death certificate of the deceased spouse.
- If divorced, copy of the final decree.
- Documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO).