Saturday, October 27, 2007

Want marriage registered? Don't forget to invite a Gazetted officer

When you decide to get married, don't forget to invite a Gazetted officer. Because, no amount of evidence or witnesses could get you the marriage registration certificate, unless a Gazetted officer testifies before the court.

Under various marriage Acts, a Gazetted officer has to depose before the court that the particular marriage did take place. There are several such requirements, which make marriage registration a cumbersome process.

Even as the Supreme Court has asked the State Governments to make marriage registration mandatory, a reality check reveals that the process is full of harassment for the common men by the very fact that instead of a nominal amount of Rs 150-200 for getting the registration done, one has to end up coughing up Rs 8,000-10,000.

Usually, people who want to get their visas stamped apply for marriage certificates, as it is mandatory to attach along with the visa application. According to Sub Divisional Magistrate (SDM) Vivekanand Sharma of North Delhi, in his area, on an average, only eight marriages get registered every week. "I have fixed one day in a week (Friday) for marriage registration. About 90 per cent of the people register their marriages to apply for visas or in cases of love marriage," said Sharma.

The long list of documents required for the marriage registration helps touts to mint money. According to a source, the touts charge Rs 5,000 to Rs 15,000 to get a marriage registered in the court. With this amount, they manage to arrange the required documents and get the registration done in no time. Even if one has all the required documents and wants to get his marriage registered on the same day, he has to pay between Rs 500 and 2,000.

Mathew Samuel was married in Janakpuri church in 2005 and got his marriage registered next year after running from pillar to post for more than two months. "I have a very bad experience. Nobody in the SDM's office has given me the correct information about how a Catholic should register his marriage," said Samuel.

"First I went to the SDM's office of west Delhi because I was staying there at that time but they refused to register my marriage and sent me to Shahadra court. After consulting a lawyer, I got my marriage registered in the SDM office of Geeta Colony," Samuel said.

Talking about the harrowing experience, Mathew said that each time he went to SDM office he was asked to produce one document or the other. "I was lucky that I had invited a Gazetted officer in my marriage who testified in the SDM court." It is mandatory that a Gazetted officer has to be present during the marriage to further attest the marriage in front of marriage registration authority (Assistant District Magistrate/ SDM).

According to a senior lawyer Aman Sareen, the stipulation that a Gazetted officer should be present at the time of marriage gives opportunity to the touts to make money.

For registration of marriages, parties need to submit a long list of documents such as marriage certificate, invitation card, date of birth certificate, proof of residence, identity certificate and affidavits by both bride and groom. Under Hindu Marriages Act 1955, the registration fee is Rs 100 and under Special Marriage Act 1954, the fee is Rs 150. Marriages of Hindu, Buddhist, Jain and Sikh religions are registered under the Hindu Marriage Act and in other cases they are registered under Special Marriage Act.

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