Sikh Marriages and Registration Procedure in India
For over a hundred years, Sikhs were made to register their marriages under the Hindu Marriage Act, 1955, as the Anand Marriage Act (for Sikhs) initiated during the British era of 1909, had not been implemented. This had deeply troubled many members of the Sikh community, especially those who had moved abroad, as, while they identified as Sikh, their marriages were registered as “Hindu”. However, now they can choose to register their marriage under the Anand Marriage Act.
Sat Jan 16 2021 | Family Law | Comments (0)
Like
Sikh marriages, being a holy union considered sacrament, are performed with the blessing of the ‘Guru Granth Sahib’, as per Sikh Rehat Maryada, are governed by the Anand Marriage (Amendment) Act, 2012.
Conditions for Marriage
The following conditions are to be satisfied to solemnize a Sikh marriage:
- No party to the marriage should have a partner living at the time of marriage;
- Both the parties to the marriage-
- should be able to give a free and valid consent, should be mentally fit and not of an unsound mind; or
- No party should be suffering from any mental disorder or mental illness, thereby effecting their ability to give a valid consent for the marriage and procreation of children or
- No party should be suffering from persistent bouts of insanity;
- The bridegroom should have completed the age of twenty - one and the bride should have completed the age of eighteen years at the time of marriage;
- The parties to the marriage should not be related to each other and should not come under the degrees of prohibited relationship, unless otherwise allowed under the rituals or customs, which governs each of them and allows for such a marriage between both of them.
Documentation for Registration
- Completed application form signed by the parties to the marriage.
- Documentary evidence of date of birth of both parties, such as a passport, pan card, driving license etc .
- An affidavit provided by both parties specifying the date, location and time of marriage. It should also contain information pertaining to the marital status and nationality of both parties.
- Two passport size photographs of both the parties and one marriage photograph and marriage invite.
Procedure for Registration
Sikh Marriages are now registered under the Anand Marriage (Amendment) Act, 2012 by the following procedure:
- All Sikh marriages performed prior to or after the onset of the Anand Marriage (Amendment) Act, 2012, are to be recorded in the Marriage Register maintained by an officer of the State Government or of a local authority authorized by the State Government,
- The Marriage Register would be open on all working hours for the examination of the records by the parties to the marriage, and the use of such information as proof for future purposes. In order to obtain certain information contained in the register by the parties, an application has to be made to the Registrar with the appropriate fees attached. The Registrar, on receiving the application, would issue the information required to the parties concerned,
- If any marriage has been performed by the ‘Anand Karaj’, but not recorded in the Marriage Register, such a marriage would still be valid,
- Registration or recording of a marriage in the register under the act saves the parties the obligation of getting their marriage registered under some other law enforced at that time, including the State Act.
Copyright 2024 – Helpline Law
