Vivekanand Law Firm

Legal Process Guide 02 · Marriage and Family

Marriage Registration in Bihar: How to Register a Marriage Already Solemnised

How to obtain a Marriage Certificate for a marriage already performed by religious rites, under the Hindu Marriage Act or the Special Marriage Act.

By Advocate VivekanandLegal Process Guides29 October 20264 min read

शादी का रजिस्ट्रेशन: पहले हो चुके विवाह का पंजीकरण कैसे कराएँ

At a glance

Law
Hindu Marriage Act, 1955 (S. 8) · Special Marriage Act, 1954 (S. 15)
Who
Couples already married in any form
Where
District Sub-Registrar (Registrar of Marriages)
Time
Same day to a few days (HMA) · 30+ days (SMA)

What it is

Official registration of a marriage already performed by religious rites, such as a Hindu marriage with saptapadi. The marriage is valid without registration, but the Marriage Certificate is the accepted proof for passports, visas, bank and insurance nominations, and government records. The Supreme Court in Seema v. Ashwani Kumar (2006) 2 SCC 578 directed that marriages of all citizens be compulsorily registered.

Who can apply

Process: Hindu Marriage Act route

  1. 1

    Application

    Fill in the marriage registration application, signed by both husband and wife.

  2. 2

    Submission

    Submit it with documents to the Registrar of Marriages. In Bihar, this is ordinarily the District Sub-Registrar of the district where the marriage was solemnised or where either party resides.

  3. 3

    Personal appearance

    Both parties appear in person with witnesses on the date fixed.

  4. 4

    Verification and entry

    The Registrar verifies documents and the parties' statements, and enters the marriage in the Marriage Register.

  5. 5

    Certificate

    The Marriage Certificate is issued.

Process: Special Marriage Act, Section 15 route

  1. 1

    ApplicationSection 15

    The parties give an application to the Marriage Officer.

  2. 2

    Public notice

    The Marriage Officer issues a 30-day public notice inviting objections.

  3. 3

    Entry in the Marriage Certificate Book

    After hearing any objection, the marriage is entered in the Marriage Certificate Book.

Both parties must have lived in the district for at least 30 days before the application.

Documents required

Checklist · 8 items

Time usually taken

Same day to a few working days (HMA route)

Under the Hindu Marriage Act route, ordinarily the certificate is issued on the day of appearance or within a few working days. Under the Special Marriage Act, Section 15 route, at least 30 days because of the notice period.

Points to remember

  1. 01Registration does not create a marriage; it records a marriage that has already taken place.
  2. 02For use abroad, the certificate may need attestation or apostille by the Ministry of External Affairs.
  3. 03Muslim marriages are proved by the nikahnama. Where a registered certificate is needed, Section 15 of the Special Marriage Act is commonly used.

Frequently asked questions

Is a marriage valid without registration?

Yes. Registration does not create a marriage; it records one that has already taken place. The Marriage Certificate is, however, the accepted proof for passports, visas, nominations and government records, and the Supreme Court in Seema v. Ashwani Kumar (2006) directed that marriages of all citizens be compulsorily registered.

How long does it take to get a marriage certificate in Bihar?

Under the Hindu Marriage Act route, ordinarily on the day of appearance or within a few working days. Under Section 15 of the Special Marriage Act, at least 30 days because of the notice period.

Can a Muslim marriage be registered?

Muslim marriages are proved by the nikahnama. Where a registered certificate is needed, Section 15 of the Special Marriage Act is commonly used.

Does a marriage certificate need an apostille for use abroad?

For use abroad, the certificate may need attestation or apostille by the Ministry of External Affairs.

About the author

Advocate Vivekanand

Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile

Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.

यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।

— Adv. Vivekanand, Motihari

Related practice

Matrimonial and Family Disputes

Related insights

Court Marriage in Bihar: Process, Documents and Time Under the Special Marriage ActHow to Change Your Name Legally: Affidavit, Newspaper Notice and GazetteMatrimonial Disputes with an NRI Spouse: Jurisdiction, Foreign Divorces and Remedies in India

See all 21 legal process guides