registration-of-marriage

rajvinder singh (Querist) 04 February 2010 This query is : Resolved
the age of male was 19 years when he was married to a girl who was also of same age.they applied for registration of marriage and registrar issued the certificate with refusal to register the marriage.the party applied for visa to germany and objection was made out by embassey they marriage certificate was not avalid one.now the age of boy is 21 years and we want to get the marriage certificate,we again applied to registrar he issued the same certificate which was issued earlier as on date of marriage the age was 19 years of boy.

sir pls tell me what should we do to get the decree form court that marriage was a vaild marriage.how we get the decree form court .whom should we make the parties/.

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A V Vishal (Expert) 04 February 2010
The marriage is voidable since the legal age for marriage is 21 for a boy. In view of the same in my opinion a fresh register marriage can be held to overcome the problem.

Guest (Expert) 04 February 2010
you can file a writ of certiorari in High Court
Registration of Marriages which have already been solemnised.

the law is-----
If you are already married and both you and your spouse are Hindu, Buddhism, Jain or Sikhs and both had attained the age of 21 yrs. on the date of marriage and you or your spouse ordinarily resides in revenue district west, your are eligible for Registration of Marriage. If either you or your spouse had not attained the age of 21 yrs but had attained the age of 18 yrs on the date of marriage, you are eligible for registration of your marriage with the consent given by guardian of the person who had not attained the age of 21 yrs. on the date of marriage.

but u said that registrar agin issued same certificate.... so the only remedy is u ve to approach High Court and file a writ petition.

B K Raghavendra Rao (Expert) 05 February 2010
Even if you apply any number of times for registration of your marriage, the date of marriage and age as on that date remains same and therefore, you continue to get the same certificate.

When the marriage is not valid, you cannot go to High Court seeking direction to register your marriage.

You cannot overcome a statute in your case. As Sri Vishal suggested, the only way is to get marriage certificate afresh after getting married in the registrar's office.