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Legal Advice - FAQs about after marriage queries.

1. After marriage what legal steps should a couple take?

After marriage every couple is advised to make a will bequeathing the estate in order to avoid ambiguity or disputes relating to their property in the unlikely event of untimely death. One may also review the nominations under insurance policies, society or club memberships provident fund, shares and other securities.

Intestate succession (i.e., succession in case of deceased leaving no will to the estate of a Hindu is governed by the Hindu Succession Act, 195 and allied laws. While intestate succession to the estate of persons (other faiths) is governed by the Indian Succession Act, 1925.

2. I do not plan to change my maiden name after marriage. Do I need to indicate this to the Registrar of Marriages?

No, the same is not required. There is no legal requirement for women to change their name or surname post marriage.

3. I am having a Hindu Marriage. Do I need to register the marriage of the same date? What are the formalities involved?

The marriage need not be registered on the same day, but at the earliest.

• You and your spouse have to visit the office of the Registrar of Marriage with proof of marriage (invitation card, ration card, proof of age and three witnesses).
• The marriage can be registered in the jurisdiction (where the marriage took place or where either one of you reside) after completion of prescribed from i.e., Form D, Memorandum of Marriage.

4. Does a ceremony need to be performed for a marriage to be valid under the Hindu Marriage Act?

There can be no valid Hindu marriage unless a ceremony is performed under the Hindu Law. There can be no registration of a marriage unless a valid ceremony is performed.

5. What are the conditions for a valid marriage under the Special Marriage Act?

• The parties to a marriage have to be consenting adults i.e., the bridegroom should be over 21 years and bride over 18 years.
• The parties should be unmarried and within the degrees of a prohibited relationship.
• Financial status, caste and religion of either party do not matter.
• Parties to a marriage have the option of either marrying under the respective religious laws (Hindu Marriage Act, Indian Christian Marriage Act etc.) or under the Special Marriage Act. If the parties choose that they will not marry under any of the religious laws or if it is an inter-religious marriage, they can opt for registering their marriages under the Special Marriage Act.

6. In case of a court marriage, are the services of a lawyer needed? How many witnesses are required? What documents have to be produced?

Neither the bride nor groom needs to hire a lawyer. You need:

• 3 witnesses at the office of the Marriage Registrar on the date of solemnizing the marriage (both the bride and groom can produce the same witnesses)
• The documents required are a) Proof of age, b) Proof of residence, c) 2 passport size photographs.

8. We are planning a Court Marriage in 2 months. When do we file an application?

• You have to a file an application before the Registrar of Marriages in your district (where either one of you has resided for a period not less than 30 days).
• This application is placed at the notice board of the Registrar’s office and objections, if any, are invited.
• If no objection is received within 30 days, the marriage may be solemnized under the Special Marriage Act 1954.