Marriage Registration under the Hindu Marriage Act
Section 8 of the Hindu Marriage Act, 1955 enables State Governments to make rules for entering the particulars of Hindu marriages in the Hindu Marriage Register. The precise application form, supporting documents, affidavit wording, fee, appointment process and registering authority may therefore differ from one State or Union Territory to another.
Current statutory declarations generally relevant
A marriage intended to satisfy Section 5 of the Hindu Marriage Act should, among other things, meet the statutory conditions concerning an existing spouse, capacity to consent, age, prohibited relationship and sapinda relationship. The marriage is solemnised in accordance with the applicable customary rites and ceremonies under Section 7, while registration is dealt with by Section 8.
- Neither party had a spouse living at the time of the marriage.
- The parties satisfy the conditions concerning capacity to give valid consent and mental condition under Section 5(ii).
- The bridegroom had completed 21 years and the bride had completed 18 years at the time of marriage.
- The parties are not within the degrees of prohibited relationship, unless a legally recognised custom or usage permits the marriage.
- The parties are not sapindas of each other, unless a legally recognised custom or usage permits the marriage.
Sample Joint Affidavit Format
JOINT AFFIDAVIT
We,
1. Mr. ______________________________, son of ______________________________, aged about ______ years, residing at ________________________________________________________________________________________, and
2. Mrs. _____________________________, daughter of _____________________________, aged about ______ years, residing at ________________________________________________________________________________________,
do hereby solemnly affirm and jointly state as follows:
1. That we are Hindus to whom the Hindu Marriage Act, 1955 applies.
2. That our marriage was solemnised on ____ / ____ / ______ at ______________________________________________ in accordance with the customary rites and ceremonies applicable to us.
3. That neither of us had a spouse living at the time of our marriage.
4. That at the time of marriage, each of us was capable of giving valid consent to the marriage and the marriage did not contravene the conditions contained in Section 5(ii) of the Hindu Marriage Act, 1955.
5. That at the time of marriage the bridegroom had completed the age of 21 years and the bride had completed the age of 18 years.
6. That we are not within the degrees of prohibited relationship as defined under the Hindu Marriage Act, 1955, except where the custom or usage governing both of us lawfully permits such a marriage.
7. That we are not sapindas of each other within the meaning of the Hindu Marriage Act, 1955, except where the custom or usage governing both of us lawfully permits such a marriage.
8. That our marital status immediately before the marriage was:
Bridegroom: ______________________________
Bride: __________________________________
9. That after the marriage we have been living together as husband and wife and the particulars furnished by us for registration of the marriage are true and correct.
10. That this affidavit is being executed for submission before the competent Marriage Registrar/authority for registration of our marriage in accordance with Section 8 of the Hindu Marriage Act, 1955 and the applicable State/Union Territory rules.
VERIFICATION
We, the above-named deponents, verify that the contents of paragraphs 1 to 10 of this affidavit are true and correct to our knowledge and belief and that nothing material has been concealed therefrom.
Verified at __________________________ on this ______ day of __________________, 20______.
Deponent No. 1 / Husband
Deponent No. 2 / Wife
Identified/Attested before the competent Notary/Oath Commissioner, where required under the applicable procedure.
Official law reference
For the authoritative Central Act text, consult India Code. Section 5 deals with the conditions for a Hindu marriage, Section 7 with ceremonies and Section 8 with registration. State-specific registration rules and prescribed affidavits should also be checked before use.
Practical checklist before submission
Depending on the local rules, the registering authority may ask for identity and address proof, age proof, photographs, proof of solemnisation, witnesses, proof of residence, prescribed application forms, declarations and payment of the applicable fee. Use only the documents and procedure required by the competent authority in your jurisdiction.
Disclaimer: This page provides a general legal-format template for informational and drafting assistance. It is not a substitute for the prescribed statutory form, State rules or professional legal advice in a particular case.