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Article Published in the Express Magazine Dated
April 1, 2001
General Attorney : Rajiv K. Luthra
I have been married according to Hindu rites.
Since I wish to go out of the country I have been
advised to get my marriage registered under the
Hindu Law. What are the procedures involved in
acquiring a marriage-certificate? How long does it
take to receive it? Do the rules vary from State
to State?
Priya Raj, Delhi (similar query by R. Verma, Pune)
Parties to a marriage may have the particulars of
the marriage entered in the Hindu Marriage
Register. Section 8 of the Hindu Marriage Act,
1955 enables each State Government to make its own
rules for the purposes of registration of
marriages. These rules for the registration as
well as for the certification of the same vary
from State to State. However, the validity of a
Hindu marriage shall not be affected by the
registration in any case. Registration serves the
purpose of facilitating the proof of a Hindu
Marriage.
In Delhi there are different administrative
districts having marriage courts, where a marriage
may be registered. For registration both the bride
and the groom need to be present before the
Registrar along with a Gazetted Officer, who
attended the marriage. There is a prescribed form
available at a nominal fee, which has to be duly
filled and signed by the couple. The following
documents have to be annexed to the form:
documentary evidence of date of birth of both the
parties; a copy of ration card, two passport size
photographs of both the parties; marriage
invitation card, if available, and one marriage
photograph duly attested by a Gazetted Officer. In
case of a divorcee, an attested copy of divorce
decree/ order and in the case of a widow/ widower
death certificate of spouse need to be filed.
Separate affidavits from the husband and wife have
to be furnished stating the date and place of
marriage, date of birth, citizenship, marital
status at the time of marriage, affirmation that
the parties are not related to each other within
the prohibited degree of relationship as per Hindu
Marriage Act. In case of a foreign national, a
certificate from the concerned Embassy regarding
his or her present marital status and in case one
of the parties belongs to other than Hindu,
Buddhist, Jain and Sikh religions, a conversion
certificate from the priest who solemnized the
marriage would be required. If the marriage has
been solemnized at a religious place, a
certificate from the priest is also required.
Under the Hindu Marriage Act, registration will be
done on the next working day. Thereafter, the
Registrar on application and on payment of the
prescribed fee shall give certified extracts from
the Hindu Marriage Register.
Can my wife and I make a joint will? Is it
legally valid? Further, can the surviving testator
revoke or amend the joint will?
M.V. Nag, Surat
A joint will is a will made by two or more
testators contained in a single document, duly
executed by each testator, disposing either of
their separate properties, or of their joint
property. Though unusual, it is legally valid. A
joint will usually may be revoked during the
lifetime of both the executants. The Courts have
held that such a will is irrevocable by the
surviving executant after he or she has received
the benefit under the will on the death of either
of them if an agreement with this intention is
found in the will itself. However, such a definite
agreement need not be in writing. It is the
intention of the testators, which needs to be
understood. Whether a surviving testator can
revoke the will or not may be determined from the
tenor of the will.
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