Get Marriage Certificate Archives

How to Apostille Marriage Certificate in India?

April 29, 2021 Manoj Sodhani Comments 2 comments

A marriage certificate is the legal proof of a person being married. This is valid in our country. If the married one wants to go abroad for any reasons, this certificate needs to be attested.

However, both attestation services serve the same purpose. But, apostille makes it legally accepted in all member countries of the Hague Convention. It is recognised worldwide. You can see it as a square-shaped stamp on your marriage certificate, which makes it valid across 92 member countries of this convention.

India has been incorporated with the Hague Convention since 2005. It was set up on October 5, 1961, which retired the need for legalizing the proof of marriage. This service is for legalizing all documents that are required for immigration.

Once Indians get this stamp on the paper, no further verification of documents is required.

But before that, you need to get through notarization. It furthers the process of how to apostille marriage certificate in India.

Notarisation

Notarisation refers to authenticating done by the notary officer. It certifies that the certificate is valid as per notary public and whatever is written in it is verified.

Mostly, NRIs require it. These applicants should notarise their marriage proof from the court. Then, the same should be apostilled from these departments the Home/ General Administration Department of the State/ Union Territory.

How to apostille marriage certificate in India

Visit Regional Authentication Center (RAC)

To get an apostille sticker on this proof, Regional Authentication Center (RAC) is the competent authority. The government has located RACs in different states & union territories. You can filter the address nearby your location here.

Then, contact the outsourcing agent.

Note: Only four agencies hold a legal right to collect documents for apostilling. Only these agencies can directly send them to the Ministry of External Affairs (MEA), where the sticker with its stamp is put on it. Here is the list to get through & select the one nearby your location.

Submit the certificate

Once you have contacted the agent, send the duly notarized documents to him. Enclose original proof and its photocopy for authentication.

Outsourcing Agent to Visit RPOs/ Branch Secretariat

As the agent receives your paper, he forwards them to the branch Secretariat/ RPOs. He wisely selects the one that has jurisdiction over it. It’s certainly MEA that apostilles it. Once verified, the outsourcing agent is informed to collect the paper. He again goes there to pick it up.

Deliver to Applicants

Finally, you get the verified marriage certificate from the outsourcing agent via a courier or email or in-person.

Personal Request To MEA in Not Permitted

Since July 2012, the MEA has not been apostilling marriage certificate directly at the Ministry of External Affairs Counter at CPV Division, Patiala House, New Delhi.

You have to follow the hierarchy of the steps to authenticate the true copy & photocopy directly. It is to be sent to any of the four outsourced service providers. Do send original and photocopy of the passport also.

15 RPOs Across India

The central government of India has decentralized apostille services to Branch Secretariat since January 2019. The applicants can approach any of the nearest RPOs through outsourcing agents in 15 cities. These are located in Ahemdabad, Bengaluru, Bhopal, Chennai, Chandigarh, Cochin, New Delhi, Guwahati,, Hyderabad, Kolkata, Lucknow, Mumbai, Panaji, Raipur and Thiruvanantapuram.

Fee for Attestation in India

The authority accepts fee through debit cards or cashier cheque here.

The MEA charges Rs 50 for Apostilling the marriage proof.
The outsourcing agent charges Rs. 93 per document, which includes fee for delivery and (Rs 3 per page) scanning.

What documents should be enclosed with?

Document
Valid visa photocopy
Original visaapproval notice, if any
Original passport and photocopiesof first & last two pages

If you want to ask further queries or clear doubts regarding this NRI service from Services2NRI, call or contact.

Guide To Get Marriage Certificate For NRIs

March 24, 2021 Manoj Sodhani Comments 0 Comment

NRIs marriage comes under the Foreign Marriage Act, 1969. It has some conditions and substantial steps to be followed when you are solemnizing marriage as a non-resident with a foreigner in the foreign country.

Marriage Officer

He is a diplomatic or consular officer in the foreign country to register marriage application of NRIs. The diplomatic officer means an ambassador, envoy, minister, high commissioner, commissioner charge-d’affaires or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission. The central government appoints this officer.

Conditions for Foreign Marriages

The foreign marriage should be solemnized while keeping these conditions into account:

neither party has a spouse living,
neither party is an idiot or a lunatic,
the bridegroom is twenty-one years or plus and the bride is eighteen years of age at the time of the marriage
the would-be spouses are not within the degrees of prohibited relationship

Notice of Intended Marriage

Under this Foreign Marriage Act, the would-be spouses shall send a notice in the writing in a form. It should clearly specify the First Schedule to the Marriage Officer of the district in which either of the parties resides for a period of not less than thirty days, preceding the date on which notice was sent.

Marriage Notice Book

This book is meant for the Marriage Officer who shall keep all intimation of foreign weddings under Section 5 in the record of his office. He shall also create & maintain a true copy of every such notice in a prescribed format for the purpose of investigation later. It does not require any fee to verify this record.

Once the notice is entered in the record books, its copy shall be published under Section 5. The officer shall publish its copy:

In his own office at a visible place
In India & foreign where a party ordinarily lives as a resident in a requisite manner

If there is any objection

Either of the party can contravene or breach one or more of the conditions mentioned in Section 4. But, this should be done before the expiry of thirty days from the date of publication of the notice, according to Section 7. This can happen

When the publication of the notice under clause (a) of Section 7 differs from the prescribed manner of clause (b), the period of thirty days shall be counted from the latter date.
Every such objection shall be accepted in writing, signed by the person who has made it. The one who has power of attorney to sign on his behalf shall share the ground of objection. His objection shall be registered in the Marriage Notice Book.

If there is no objection

If yours is this case and nobody shows objections within the stipulated period as mentioned in Section 8 in an intended marriage, the NRIs can tie a knot.

Grounds to Deny Marriage Registration

It can happen if your marriage conflicts with local laws. The officers can deny registering it on these grounds:

If the intended marriage is prohibited under this Act by any law of the foreign country where it is to be solemnized.
If he finds that solemnization of this marriage would be inconsistent with the international law or a threat to comity of nations.
If either party refuses to get married under this section, any party can urge the Central government in a prescribed manner within a stipulated period of thirty days from the date of such refusal. The officer shall have conformity with the central government’s decision on it.

Declaration by Three Witnesses

The declaration requires three witnesses each from the parties. The officer shall witness the event wherein the parties sign a declaration form as per specified Second Schedule. Thereafter, the officer shall counter attest it.

Certificate of Marriage

Upon tying the knot, the marriage officer shall register it in the form specified in the 3^rd Schedule in the marriage certificate book. Each party shall sign it together with the three witnesses.

As the entry is made, the certificate of marriage shall be recognised as a conclusive evidence of the marriage under this Act.

Court Marriage in India Requires Certificate of Being Single

March 23, 2020 Manoj Sodhani Comments 0 Comment

India permits solemnizing marriage as per rituals under the Hindu Marriage Act, 1955. This marriage requires no particular document to be produced before marriage. On the contrary, the Special Marriage Act, 1954 is governed by the court across this nation. It is precisely called the court marriage, which takes place between two parties from the same or two different countries. It is held irrespective of any caste, religion or race to let you legally married.

The interested parties can directly visit the marriage bureau or the SDM office to apply for the marriage certificate. If you are a foreigner or an NRI, you can go through the procedure of getting an affidavit of single status from the Tehsildar and then, the SDM office in India. It is recognized as the ‘certificate of no impediment’, nulla osta, CENOMAR and bachelorhood certificate. This certificate is notarized by the notary and the, apostilled from the Ministry of External Affairs (MEA) respectively.

Subsequently, you can get through the legal procedure of getting married in the India’s district court.

How can I legally get married in India?

Visit the office of the Marriage Registrar in the district wherein either of the would-be spouses has been living for the period of at least 30 days immediately preceding the date on which such notice is given.
Apply for a ‘Notice of Intended Marriage’ there.
Upon verification, the Registrar of Marriage can raise the notice of the then published for inviting objections, if he finds any issue.
Post 30 days from the publishing of the notice of the intended marriage, the wedding bells can be rung provided there is no objection by either party.
It may take place at the specific marriage office.
On the big day, the spouses should have at least three witnesses with them to witness the registration and solemnization of the marriage.

Format of the Notice of Intended Marriage:

Can it be done in a day?

If you have all documents in place, it may take just a day or two.

Documents to be presented by NRIs or natives for the Court Marriage in India:

Application form duly filled and attested by the bride and the groom
Documented proof of birth of both would-be spouses, such as matriculation certificate/ passport/ birth certificate
Receipt of the fee paid against the application form in the District Court
Documentary evidence of the residence, such as ration card or, report from the concerned Station House officer, of one of the spouses, who is living there for more than 30 days
Affidavit of being unmarried, or single status certificate, from bride and groom stating the date of birth and present marital status (unmarried/ widower/ divorced)
An affirmation that the would-be spouses do not hail from the prohibited relationship defined in the Special Marriage Act
Passport size photographs of both would-be spouses two each, which should be duly attested by the gazette officer
A photocopy of the divorce decree/ the court orders in the case any of the spouses is a divorcee or, a photocopy of the death certificate if either of spouses is a widow/ widower

Documents required for the foreigners:

A copy of the passport and visa
An NOC certificate or CENOMAR from the concerned embassy
A duly attested by SHO documentary proof of residence in India, which should state that the foreigner is staying here in India for 30 or more days

As aforementioned, the certificate of no marriage can be obtained from the competent authorities in the foreign or the embassy. Apply for this document one month prior to the marriage so that it would not cause any delay in entering the new phase of your life.

NRIs Must Register Marriage within 48 Hrs. in India

June 28, 2018 Manoj Sodhani Comments 1 comment

Have you registered your marriage in India?

Being an NRI, you won’t be able to escape from the legalities. Till early 2018, it was not a law. So, you could take advantage out of this fact. But now, it’s mandatory. A new rule has been put in place by the Women and Child Development (WCD) Ministry. The Ministry of Home Affairs (MHA) gave it a full support.

Let’s check below what this new law speaks of.

New Directive of NRI Marriage:

The Women and Child Development minister Maneka Gandhi tabled and passed a new law in the context of the NRI marriage in India. The government made a nodal agency to look into this matter seriously. However, the foreign countries, especially the Philippines, Malaysia, Indonesia and many other countries have a provision of presenting CENOMAR (Certificate of No Marriage) or Certificate of No Impediment or bachelorhood certificate by non-residents of India before marriage.

India has no such provision before June 2018. Thereby, the external affairs minister Sushma Swaraj and law minister Ravi Shankar Prasad with Ms. Gandhi amended the Marriage Law of 2002. It took seven days to see this legislation from all verticals and finally, pass it.

What does this marriage law state?

It mandates that the expats with an Indian passport must have to register their marriage within 48 hours. The details of their marriage would be kept safe with the state ministry in its database. Thereby, all such records would be maintained in a central database.

The details of the grooms include these:

Passport details
Social security number
Visa
Residential address, both- domestic and foreign residential address
Office address of the foreign country

Who will issue the marriage certificate?

Once this information will be supplied, the competent authority will issue a valid marriage certificate. That authority can be

A village panchayat secretary
Municipal Corporation’s Commissioner
Deputy Municipal Commissioner

Why this directive is necessary?

The cases of wife abandoning and matrimonial disputes are swelling up. The present law is insufficient to prevent an NRI annulling his matrimony legally in a court. There are 60 cases registered within the previous 2 years. All these cases reflect the plight of the trapped women in bad marriages with NRIs.

The government has no concrete legislation to cope with such cases. When this law shall be implemented, the NRI groom could be scanned. His arrival and departure could be kept under the watch. Thereby, they could be prevented from leaving India.

What consequences could they face, if violate this law?

The violators have to through severe consequences. A few of them are:

The property of such NRIs would be on hold in escrow. It would happen if they abandon their spouse.

Here, escrow is legality. A third party will keep a financial instrument or asset on behalf of both parties. In this dispute, these both parties are the groom and the bride. The third party will keep the asset unless the transaction is completed.

Their passport and visa will be canceled.
The government would keep watch over their arrival and departure.

The implementation of this law would definitely change the scenario wherein a spouse is dumped by a non-resident hubby. It would impact the three verticals-the Code of Criminal Procedure, the Marriage Act and the Passport Act. In the nutshell, a mandate of marriage registration in India would alter the aforementioned three laws.

Overall, it would surely deter the number of cases of deserting a wife or tricked into fraudulent marriages by the husbands who hide under the shade of foreign residency.

How to Apply for Marriage Certificate in Mumbai, India

November 5, 2016 Manoj Sodhani Comments 1 comment

Life takes a giant leap since the big day arrives. It’s the wedding bells that ring the transformation in the life of the spouses. Most of the couples forget to register it. It’s the biggest flaw that can prove the biggest mistake ever.

Before understanding how, we must have knowledge under which acts the wedding is registered. Since India is a secular country, it has constituted two acts for this purpose. These are the Hindu Act 1955 and the Special Marriage Act 1954. The apex court, i.e. Supreme Court, has implemented these acts as mandatory to follow in 2006. This order was executed for protecting women.

The Hindu Marriage Act 1955:

Hindu citizens are free to solemnize marriage willingly with traditional customs and related tantrums. Nonetheless, the Indian constitution has formulated an act called the Hindu Marriage Act, 1955 to get it legalized. It becomes a licit proof to claim authentic relation of a married couple.

The Special Marriage Act 1954:

This act was drafted with a special motto. India is a land of diversity where communities of different religion live together. However, different communities prefer to solemnize wedding in their own community but it’s not mandatory. Any person can arrange inter-religious marriage, if willing. Although some communities, like Jat, forbade it yet the Supreme Court has approved this matrimonial arrangement under this act.

What documents are required to apply for marriage certificate post wedding?

Application form
Date of birth proofs of husband and wife
Address proof of both
4 passport size photographs
1 marriage photograph
Affidavit
Aadhaar card
Marriage invitation card

How to apply for marriage certificate in Mumbai, India online?

The spouses must visit the office of Assistant-Divisional Magistrate (SDM) during working days.
Fill the marriage certificate application form. It must be attested by both, husband and wife.
Enclose the mandatory documents along with application & submit.
The recipient officer will verify them on the same day while an interview with the SDM is fixed for some another day.
Both spouses along with Gazetted Officer must be present on the day of interview with the ADM together. After their one-o-one, the competent authority issues it on the same day.

How to apply this certificate online through S2NRI?

Visit the site: www.services2nri.com/MarriageCertificate
Create login supplying password. If the applicant is not registered, get it registered. Thereafter, he/she can login easily.
Scan and send the authority letter along with the foretold documents to S2NRI. Since marriage certificate can’t be issued in case of absentia, therefore, this authority letter is a must.
Meanwhile, the backend team of S2NRI will be in touch with you while supplying every update through email.
Get mail for registration, receipt of the document and delivery messages on your registered email Id.
Within 2 to 4 weeks, it will send a soft copy of your original marriage certificate after payment.

Like Tatkaal Passport Seva for getting passport, the applicants willing to get marriage certificate on urgent note can procure it. The Revenue Department of Delhi government has introduced this hasty service in April 2014 provided that the applicant must pay INR 10,000 during registration. For it, the online registration process should be conducted. Subsequently, this certificate is delivered within 24 hours.

Interview with ADM:

In first case (i.e. Hindu Marriage Act), the applicants must register online within 15 days of marriage. It is mandatory to do so. But if it’s the case of the Special Marriage Act, the duration is elongated. The couple can register to get the valid proof of marriage within 60 days.

How many witnesses required?

The couple must accompany the eye-witness of its big-day. It is a must for the witness to take along his/her PAN Card and address proof as valid proof of his/her identity.

S2NRI

Blog

Browsed by
Tag: Get Marriage Certificate