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Marriage certificate

(Querist) 08 June 2018 This query is : Resolved 
Dear Sir,

I am from cuttack orissa and i am staying in hyderabad since 2007. In 2012 i married a telugu girl (native ananthapur ) . The girl along with their family were living in hyderabad at that time.
We dont have any doc proof for our mrg. I tied a mangalsutra in a temple at hyderabad . Then we start living together . Now we live together and having 2 kids.

The problem is now we are looking to get mrg certificate ( for passport purpose) for our mrg. What we have to do..? Pls guide us.

Regards,
Arul
Ms.Usha Kapoor (Expert) 08 June 2018
No religious ceremonies are required.
The marriage is solemnized a by Marriage Officer appointed by the Government.
Parties to the marriages shall give notice to the Marriage Officer in the prescribed manner.
Marriage Officer enters this information in the Register maintained by him and a public notice of this information is given by the Marriage Officer.
The Marriage is to be performed after 30 days of this public notice and before expiry of two months from issue of notice.
Before marriage the applicants and three witnesses shall sign a declaration in the form specified.
Marriage shall not be complete and binding unless each party says to the other in presence of Marriage Officer and three witnesses “I (A) take thee (B) to be my lawful wife/husband (in any language understood by the parties).”
The marriage is thus completed and recorded in a book kept for that purpose. The entry is signed by the applicants and the witnesses.
Then Sub Registrar or Marriage Officer gives you Marriage Registration certificate.under
Special Marriage Act.
K Rajasekharan (Expert) 08 June 2018
You can register your marriage right now before the marriage registrar of the place where your marriage solemnisation occurred and get a certificate, as per the Hindu Marriage Act, if you are a Hindu or if not, under the Special Marriage Act which has a provision to do so.
ABDUL RAZIQUE (Expert) 08 June 2018
you go to office of Marriage registrar in your leaving area with all documents like Age proof, resident proof etc and form there you full fill your dream as per nature of your marriage.
Vijay Raj Mahajan (Expert) 08 June 2018
All sort of incorrect and incomplete information being provided to you. The marriage you talk about has no proof with you. The registration of Hindu marriage will require the documentary proof of marriage like, wedding card, photographs of the wedding ceremonies, certificate of the Hindu temple or priest of solemnisation of the marriage. You got none of these so no where in India any Registrar of Marriages will register your Hindu marriage as was solemnised between both of you. Even if you seek registration of the marriage under the Special Marriage Act,1954, the proof of existing Hindu marriage by way of the documentary evidence as mentioned above will be asked from you.
The best option left for you is to go through once again for Solemnisation of Civil Marriage under the Special Marriage Act,1954. The notice for marriage has to be given by both parties to the Marriage Officer, after one month notice expires both parties get married in presence of 3 witnesses and the marriage is registered by the Marriage Officer/Registrar of Marriages. The Valid Marriage Certificate issued under the Special Marriage Act,1954 NOT the Hindu Marriage Act,1955 as wrongly mentioned here by one expert.
Kumar Doab (Expert) 08 June 2018
Log onto website of Marriage registrar at the preferred/applicable location e.g;
http://registration.telangana.gov.in/hinduregistration.jsp
http://registration.ap.gov.in/CitizenServices/FAQS/Marriages_FAQ.pdf
The website of some states/location provide comprehensive information e.g;
http://delhi.gov.in/wps/wcm/connect/DoIT/delhi+govt/community/marriage+certificate+and+registration
http://delhi.gov.in/wps/wcm/connect/doit/Delhi+Govt/Community/Marriage+Certificate+and+Registration#1
7. Marriage invitation card, if available.
8. If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
Kumar Doab (Expert) 08 June 2018
You may be able to find Lawyers that take up marriage cases for performing and registering marriages near the office and even one that advertise at online portals like LCI…..
Filter out the good for nothing ones and find out genuine ones..
IT shall always be appropriate to consult elders of the family, competent and experienced well wishers, seasoned PIP….get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Family/Civil matters and well versed with LOCAL applicable rules/laws that apply and having successful track record…. and worth his/her salt.. and your aim may be accomplished.

K Rajasekharan (Expert) 08 June 2018
If two eligible Hindus have solemnised the marriage according to the customary rites and ceremonies of either parties thereto as per Section 7 of the Hindu Marriage Act, that makes their marriage valid. Registration is the creation of the proof of their marriage. But non-registration cannot alter the status of the marriage once solemnised and made legal. Solemnisation is the substantive part of marriage.

As Supreme Court in Seema v Ashwani Kumar 2006 says, “the registration itself cannot be a proof of valid marriage per se, and would not be the determinative factor regarding validity of a marriage, yet it has a great evidentiary value...”. The reports of the Law Commission on the issue also speak about this at length.

In fact, it is the solemnisation that makes a Hindu marriage valid. The marriage registrar - if he is not a pedantic or bureaucratic one - is expected to register the marriage with due enquiry if it was conducted within that area despite the parties have neither kept their wedding cards nor had printed the cards - which no law nor procedure prescribed as an essential requirement in the past.
kavksatyanarayana (Expert) 08 June 2018
As you married your wife in a temple at Hyderbad. Hindus? If you are Hindu and have temple receipt for the proof of your marriage, your marriage can be registered under Hindu Marriage Act. Otherwise your marriage shall be registered under Sec.16 of Special Marriage Act. contact the Registrar of Marriages of your area.
K Rajasekharan (Expert) 08 June 2018
Yes, the Section 15 to 18 of the Special Marriage Act, 1954 provides for the registration of marriages celebrated in other forms.
Ms.Usha Kapoor (Expert) 09 June 2018
I stick to my view as above.


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