A young couple, Mr. Sameer and Ms. Anjali, were planning their grand wedding at a prestigious hotel, “The Monarch Palace,” in the city of Jaipur. They wanted the convenience and elegance of having their marriage legally registered during the ceremony itself, with the Sub-Registrar of Marriages present. However, they were unaware of the official procedure to arrange for a government official to solemnize and register their marriage at a private venue. This is a common query among many couples who wish to combine the traditional ceremonies with the legal formalities in one location.

The possibility of having a Marriage Officer attend a wedding at a venue other than the registration office is permitted under Indian law, subject to specific conditions and procedures that vary by state. Generally, this service is available for marriages registered under both the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.

Advice in such cases

If you wish to have your marriage registered at your wedding venue, you should follow these steps:

• First, identify the office of the Sub-Registrar of Marriages (SRM) or Marriage Officer within whose jurisdiction your chosen wedding venue falls.
• You must file a formal notice of intended marriage with the concerned SRM office. Under the Special Marriage Act, this notice must be given at least 30 days before the intended date of marriage.
• Along with the notice, you need to submit a special application or request, formally asking the Marriage Officer to attend the ceremony at the specified private venue. This request should clearly state the date, time, and full address of the venue.
• Be prepared to pay an additional fee for this service, which is significantly higher than the standard fee for registration at the government office. The amount is determined by the respective state government rules.
• Ensure all required documents, such as age proof, address proof, affidavits, and photographs for both parties and the witnesses, are in order and submitted along with the application.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.

Applicable Sections of Law

The registration of marriages in India is primarily governed by civil statutes, not criminal laws. The key legislations are:

• The Hindu Marriage Act, 1955: Section 8 provides for the registration of marriages for Hindus. State governments are empowered to make rules for this process, including provisions for the registrar to attend a private venue.
• The Special Marriage Act, 1954: This Act governs civil marriages for all citizens irrespective of their religion. Sections 4, 5, and 11 detail the notice of intended marriage and the place of solemnization. Section 11 allows for the marriage to be solemnized at a place other than the registration office, provided the parties are willing to pay the specified additional fees.

It is important to note that criminal laws like the Bharatiya Nyaya Sanhita (BNS) or the Bharatiya Nagarik Suraksha Sanhita (BNSS) do not apply to the standard procedure of marriage registration. These laws would only become relevant in cases of marriage fraud, coercion, or bigamy, which are criminal offenses.

If you are the complainant

In the context of a civil marriage registration, the term “complainant” is not typically used. However, if your application for on-site registration is arbitrarily rejected by the Marriage Officer without valid reason, or if you face undue delays, you can become a complainant. In such a scenario, you can file a formal complaint with a superior officer, such as the District Registrar or the Inspector General of Registration. If there is no resolution, you may file a writ petition in the High Court seeking a direction to the concerned authority to perform their duty.

If you are the victim

Similarly, the term “victim” is generally associated with criminal cases. In this scenario, one would not be a “victim” unless the marriage process involves a criminal act. For instance, if a person is being forced into a marriage against their will (coercion), or if one of the parties is committing fraud by concealing a previous marriage (bigamy), then the aggrieved party is a victim of a crime. In such cases, the matter moves beyond a simple registration issue and becomes a criminal case, where an FIR can be lodged with the police under the relevant sections of the Bharatiya Nyaya Sanhita (BNS).

How the police behave in such cases

The police have no role in the standard procedure of solemnizing and registering a marriage, whether at the Sub-Registrar’s office or at a private venue. This is entirely a civil administrative process handled by the Department of Registration. Police intervention is only required if a criminal offense is reported in connection with the marriage, such as forced marriage, dowry demands, underage marriage, or bigamy. In those situations, the police will register an FIR and conduct an investigation as per the procedures laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS).

FAQs people normally have

• Can the Marriage Officer refuse to come to the venue?
  Yes, the officer can refuse if the venue is outside their designated jurisdiction, if the application is incomplete, if the required fees are not paid, or if they have prior official commitments.
• How much is the additional fee for on-site registration?
  The fee varies significantly from one state to another. It is best to confirm the exact amount from the local Sub-Registrar’s office.
• Do the witnesses also need to be present at the venue?
  Yes, three witnesses are required to be physically present at the time of the on-site solemnization and registration. They must sign the marriage register and provide their identification documents.

What evidence is required?

For a marriage registration, you will need the following documents and evidence:

• Completed application form signed by both parties.
• Documentary proof of date of birth for both individuals (e.g., Birth Certificate, Passport, Class 10 Marksheet).
• Proof of address for both parties (e.g., Aadhaar Card, Voter ID, Passport).
• Affidavits from both the bride and groom stating their date of birth, current marital status (unmarried/divorced/widowed), and that they are not related to each other within the prohibited degrees of relationship.
• Passport-sized photographs of both parties.
• Photographs and identity proof of the three witnesses.
• In case of a divorcee, the certified copy of the divorce decree. In case of a widower/widow, the death certificate of the deceased spouse.
• The wedding invitation card, if available.

How long will the investigation take?

The term “investigation” is not applicable here; it is a “process.” The timeline for marriage registration depends on the Act under which you are applying.

• Under the Special Marriage Act, 1954: There is a mandatory 30-day waiting period after the notice of intended marriage is published by the registrar. The marriage can be solemnized any day after the expiry of these 30 days.
• Under the Hindu Marriage Act, 1955: If the marriage has already been solemnized through religious rituals, the registration can often be done on the same day of application, provided all documents are in order. However, scheduling an officer for an on-site registration requires advance application and coordination.

It is advisable to start the process at least 45 to 60 days before your wedding date to ensure a smooth and hassle-free experience.

Advocate Sudhir Rao, Supreme Court of India