How to Register a Marriage via Virtual Presence of Parties

After a recent judgement passed by the Delhi High Court, now the marriages can be registered even if the parties are not present physically in India. The couple can now mark their presence virtually i.e through video conferencing by sending a POA along with the required documents physically on their behalf.

Tue Jul 19 2022 | HLL Knowledge Series | Comments (0)

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After hearing a plea by a U.S based Indian couple who were seeking to register their marriage in India through Video Conferencing, the Delhi High Court recently allowed the registration of marriages in the virtual presence of parties.

 The view taken by the High Court was that the citizens should not be restricted or prevented from exercising their rights given to them by the law, because of an inflexible interpretation of a law that presses upon "personal physical presence" of the parties.

Now, any married couple residing outside India can get their marriage registered in India, by marking their personal presence/appearance before the Registering Authority through Video Conferencing after submitting their application for the registration of marriage through their Power of Attorney Holder in physical form along-with the copies of all supporting documents duly notarized by a notary public.

The essential conditions are as follows

  1. The marriage should have been performed in India.
  2. The age of the groom should be at least 21 years or more at the time of the marriage.
  3. The age of the bride should be at least 18 years or more at the time of marriage.
  4. If the marriage has been performed as per the Hindu Marriage Act, 2 witness will be required.
  5. If the marriage has been performed as per the Special Marriage Act, 3 witnesses will be required.

The application for registration of marriage should be submitted through the Power of Attorney Holder in physical form along with the requisite documents. Two/three witnesses should appear physically before the Registering Authority with their original ID proofs on the date notified by the Registering Authority, and the personal presence of the parties will be marked before the Registering Authority through Video Conferencing. The Authority will then register the marriage and issue the Marriage Registration Certificate.

Generally required documents for registration are as follows

  1. Marriage Photographs
  2. Passport Size Photographs of both the parties.
  3. AADHAR Card of both the parties.
  4. PAN Card of both the parties.
  5. Affidavit of both the parties.
  6. ID Proofs of the 2 witnesses.

Generally, the marriage certificate is issued by the Registering Authority within 2 weeks after getting the marriage registered.

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