Register Marriage Procedure For Couple In Karnataka​

Marriage registration is an important way to obtain legal recognition of a marital relationship and offer formal acknowledgment, while ensuring legal safeguards for both parties at the same time. A marriage registration gives a person legitimate rights and responsibilities under the law and provides valid evidence of the marriage for different purposes, such as applying for visas, insurance, and even inheritance. In Karnataka, couples who are transitioning from a romantic couple to a legally recognized marriage need to know the state marriage registration process.

Understanding the process is important to keep a marriage registration from becoming unnecessarily delayed or complicated legally and to keep a marriage valid for governmental and legal purposes. The state of Karnataka has two different laws it operates under for marriage registration: the Hindu Marriage Act, 1955 (for Hindus) and the Special Marriage Act, 1954 (for interfaith marriage and civil marriages). The processes and documents required by these laws are different from each other; therefore, it is important for couples to understand which law applies to them in terms of their situation before proceeding.

In this article, you will get to read about:

• Legal Framework for Registering Marriage in Karnataka.
• Legal Requirement for Lovers to marry Legally in Karnataka.
• Step-by-Step Procedure for Lovers to Register Marriage in Karnataka.

Legal Framework For Registering Marriage In Karnataka

In Karnataka, marriages can be registered under two primary legal frameworks:

Overview of Relevant Acts

The choice of act depends on the couple's religious affiliations and their preference for a secular or religious framework for their marriage registration.

The Special Marriage Act, 1954

This is a secular law that enables the solemnization and registration of marriages between two people of different religions, castes, and even those who are not affiliated with any religion. This law provides a legal mechanism to solemnize their marriage irrespective of any interfaith or inter-caste dimensions, assuring the legality of the marriage without conversion.

The Hindu Marriage Act, 1955

This law applies only to people identifying as Hindus, Buddhists, Jains, or Sikhs. If there are two lovers, of any of these religions, they can register their marriage under the act, even if their marriage was conducted under the customs and rituals of their religion.

Legal Requirements For Lovers To Marry Legally In Karnataka

Regardless of the act under which the marriage is registered, certain fundamental legal requirements must be met by the lovers:

Age Requirement

The groom must be at least 21 years of age, and the bride must be at least 18 years of age when registering their marriage. Acceptable proof of age is required of the groom and bride in the form of birth certificates, school leaving certificates, or passports.

Marital Status

Both parties must not have been previously married at the time of registration. They must provide legal evidence of divorce or the death certificate of the former spouse if either party had previously married. At the time of registration, both parties must not have a living spouse.

Mental Soundness

The bride and groom must have sufficient mental capacity to provide valid consent to marry. They need to understand what marriage is and give their consent freely. There should be no coercion or undue influence.

No Prohibited Relationships

The parties must also not fall within the prohibited degrees of relationship, as defined in the relevant Marriage Acts. The prohibited degrees of relationship include, generally, close blood relationships that prevent incest. However, exceptions may be recognized in the Hindu Marriage Act under certain customs.

Residency Requirement

Under the Special Marriage Act, at least one party must have resided in the district of the Marriage Officer for not less than 30 days immediately preceding the date of application for registration. The Hindu Marriage Act stipulates that registration is only possible at the Registrar of Marriages within whose jurisdiction the marriage is solemnized or where either the bride or groom has resided for at least 30 days.

Step-By-Step Procedure For Lovers To Register Marriage In Karnataka

The registration procedure differs slightly depending on whether the couple chooses to register under the Hindu Marriage Act or the Special Marriage Act.

Under the Hindu Marriage Act, 1955

• Visit the Registrar of Marriages: The couple must visit the office of the Registrar of Marriages within whose jurisdiction the marriage was solemnized or where either the bride or groom has lived for a minimum period of thirty (30) days.
• Obtain the Application Form: Obtain from the Registrar's office (or the relevant government website) the prescribed application form for registration of marriage under the Hindu Marriage Act.
• Fill the Application Form: Complete the form giving all the details required, including the names, addresses, dates of birth, marital status, and other details pertaining to the bride and groom.
• Attach Required Documents: Attach all the necessary documents as specified in the checklist. Ensure you have both original documents for verification and photocopies for submission.
• Submit the Application: Submit the completed application form and the specified documents to the Registrar of Marriages.
• Verification by the Registrar: The Registrar will verify all documents and any information provided in the application form.
• Signing the Register: If the Registrar is satisfied with the documents and information provided, he/she will ask the couple and witnesses to sign the Marriage Register in the presence of the Registrar.
• Issuance of Marriage Certificate: Once the signing and any additional formalities have been completed, the Registrar will issue a Marriage Certificate, which is legal evidence of a registered marriage. This can often be done that same day if all the documents are in order.

Under the Special Marriage Act, 1954

This procedure is followed by couples of different religions or those who prefer a secular registration.

Notice of Intended Marriage

The couple is required to give a notice in writing of their intended marriage to the Marriage Officer of the district in which at least one of the couple has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. The prescribed form can be obtained from the offices of the Marriage Officer.

Publication of Notice

The Marriage Officer will then post the notice of the marriage to inform the public by affixing a copy in a conspicuous location in their office and the office of the Registrar of Marriages for the district in which the other party resides (if the other party resides in a different district).

Objections to the Marriage

A person may file an objection to the marriage within 30 days after the date of publication of the notice, on the grounds as provided for in the Special Marriage Act.

Inquiry into Objections

On receiving an objection, the Marriage Officer shall inquire into the objection and shall ultimately decide, either allowing or dismissing the objection, after hearing from the parties and consideration of their evidence.

Solemnisation of Marriage

If there are no objections either within the 30-day period or the objection is dismissed, the marriage can be solemnised at the office of the Marriage Officer. The solemnisation shall consist of the parties and three witnesses signing a declaratory and attesting the engagement in the presence of the Marriage Officer.

Registration of Marriage

After the solemnisation, the Marriage Officer shall enter the particulars of the marriage in the Marriage Certificate Book and shall be signed by the couple and the witnesses.

Issuance of Marriage Certificate

The Marriage Certificate, signed and sealed by the Marriage Officer, will be issued to the couple and shall stand as legal proof that their marriage has been registered.

Online Marriage Registration Option- Kaveri Portal

The Government of Karnataka has introduced the Kaveri Online Services portal to facilitate various property registration and marriage registration services online.

• Register as a New User: Create an account on the Kaveri Online Services portal.
• Fill the Online Application Form: Select the "Marriage Registration" service and fill in the required details of the bride, groom, and marriage. This includes personal information, marriage details (date, venue, type), and witness details.

• Upload Supporting Documents: Scan and upload the necessary documents (as listed below) in the prescribed format and size.
• Book an Appointment: Choose a convenient date and time slot for physical verification at the nearest Sub-Registrar's Office.
• Pay the Registration Fee: Pay the applicable registration fee online through the available payment options.
• Download Acknowledgement Slip: After submission, download and print the acknowledgement slip containing the temporary registration number.
• Visit the Sub-Registrar's Office: On the scheduled date, both spouses and witnesses must visit the Sub-Registrar's office in person with their original documents for verification.
• Receive Marriage Certificate: After successful verification and signing of the register, the marriage certificate will be issued. In some cases, a digitally signed certificate might be available for download from the portal later.

Documents Required for Registering Marriage

The specific documents required may vary slightly depending on the act under which the marriage is being registered and the specific requirements of the Registrar's office. However, the following is a general list of documents commonly required:

• Proof of Age of both parties: Birth Certificate, SSLC/10th standard mark sheet, Passport, or Voter ID card with date of birth. (Original and photocopies)
• Proof of Address of both parties: Aadhaar card, Voter ID card, Passport, Driver's License, Utility bill (electricity, water, telephone - recent), or Rental Agreement. (Original and photocopies)
• Identity Proof of both parties: Aadhaar card, Voter ID card, Passport, PAN card, or Driver's License. (Original and photocopies)
• Passport-sized photographs of both parties: Usually 2-6 recent photographs each.
• Wedding Invitation Card (if available): May be required as proof of marriage solemnization under the Hindu Marriage Act.
• Affidavit (declaration) by both parties: Stating their marital status (unmarried), consent to the marriage, and that they do not fall within the prohibited degrees of relationship. The format for the affidavit can usually be obtained from the Registrar's office or a lawyer.
• Death Certificate of former spouse (if applicable): Original and photocopy.
• Divorce Decree (if applicable): Certified copy.
• Residence Proof for 30 days (for Special Marriage Act): Documents like Voter ID, Aadhaar card, or utility bills showing the address within the jurisdiction of the Marriage Officer for at least 30 days prior to the application.

Role of Witnesses

Witnesses are vital to the registration of marriage. They testify that the parties to the marriage have been married (if marriage already happened) and both parties agreed to be married (that is, have entered into the marriage ceremony voluntarily).

Who can be a witness?

Any able-minded adult who has valid proof of identity and address can be a witness. Witnesses must be available at the time of registration and able to identify each bride and groom. Witnesses often come from family or friends who witnessed the wedding ceremony.

Documents required for witnesses

Each witness will typically need to provide:

• Proof of Identity: Aadhaar card, Voter ID card, Passport, PAN card, or Driver's License. (Original for verification and photocopy for submission)
• Proof of Address: Aadhaar card, Voter ID card, Passport, Driver's License, Utility bill (recent). (Original for verification and photocopy for submission)
• Passport-sized photographs: Usually 1-2 recent photographs each.

Special Considerations For Lovers

For couples who are in love and who wish to marry, for registration purposes, it does not matter if you are registering a same-sex couple or an opposite-sex couple. However, they may have to face some social or familial issues. The process is neutral to relationships if certain conditions and legalities are met.

Interfaith or Inter-caste Couples

The Special Marriage Act, 1954, is made specifically for couples who are from different religions or castes, so that they may marry without conferring a religious (such as Hindu, Muslim, or Christian) or caste basis. It allows them to marry and then neither partner is required to have to convert to the other's religion.

Privacy Concerns

Couples who expect resistance from family or society might be preferable with the registration process under the Special Marriage Act, but some may fear being in a public notice for the mandatory 30 days. If privacy is what is desired, the couple can register under the Hindu Marriage Act as long as both partners are Hindus, Buddhists, Jains, or Sikhs; afterwards, the private ceremony will be better kept private.

Conclusion

Marriage registration in Karnataka legally recognizes and protects the union of two people in love. With the Hindu Marriage Act (1955) and Special Marriage Act (1954) as the framework, you can now understand the required work, solutions, and processes required to marry as spent while it are still fresh in your mind. Although the online portal Kaveri has simplified some of the initial steps, the marriage registration process is becoming even simpler. It is important to ensure all of the legal steps are completed and all of the details are ironed out so you can smoothly register your marriage and move forward in your married life with legal recognition and peace of mind.

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FAQs

A few FAQs are:

Q1. What is the legal age for marriage registration in Karnataka?

The legal minimum age for marriage registration in Karnataka is 21 years for the groom and 18 years for the bride. Valid age proof documents are required.

Q2. Can couples of different religions register their marriage in Karnataka?

Yes, couples of different religions can register their marriage under the Special Marriage Act, 1954, which provides a secular legal framework for interfaith marriages.

Q3. What is the first step for lovers to register their marriage in Karnataka?

The first step is to decide whether to register under the Hindu Marriage Act (if both are Hindus, Buddhists, Jains, or Sikhs) or the Special Marriage Act (for interfaith or secular marriages) and then gather the required documents.

Q4. Is online marriage registration available in Karnataka?

Yes, the Kaveri Online Services portal allows for online application submission, document upload, and appointment booking for marriage registration in Karnataka. However, a physical visit for final verification and signing is usually required.

Q5. What documents are commonly required for marriage registration in Karnataka?

Commonly required documents include proof of age, proof of address, identity proof, passport-sized photographs of both parties and witnesses, an affidavit of marital status and consent, and potentially a wedding invitation (for Hindu Marriage Act) or residence proof (for Special Marriage Act).

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice.

For personalized legal guidance, please consult with a qualified family lawyer.