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Q. Marriage Certificate

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Anonymous

posted 6 months ago

Q.Marriage Certificate
Dear sir,
My 21year old daughter who fallen in love with a guy made declaration of marriage (court marriage) in January 2017 and still could not apply for an official marriage certificate as her partner is not showing interest to get marriage certificate (He may not be having valid documents which are required to apply for it) So my daughter is still using my name and surname after her name as she is not having valid / official marriage certificate issued by govt. Because of this, she couldd not reveal his declare his marital status in the society. After making court marriage she is staying with us using my (father's) name. So please advise me how I force to my daughter's partner to get an official marriage certificate. ( Note: He finaly told me thru her, that they are husband and wife and dont need to prepare marriage certificate, it ist lawful?)

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
India knows no marriage certificate for the past recent. 80% of the population not having marriage certificates.

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Viswanath M K

Experience: 5 Year(s)

Responded 6 months ago

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A. ) Which religion do you belong to? if you are Hindu and the boy is also a Hindu, then registration is not required, and marriage ceremony with saptapadi is sufficient.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 6 months ago

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A. ) Yes, It is mandatory to register your marriage.
Since 2014, it is mandatory to register your marriage under Hindu Marriage Act or Special Marriage Act as per govt. of India. In fact most of the people think that they have to visit court to register however you need to visit SDM office for registration of marriage.
Supreme Court in the case Smt. Seema Vs. Ashwani Kumar in 2006 has made it compulsory to have registration of Marriage in India. For better understanding you can go through the judgment of this case.
Till the time they do not register their marriage they will not be able to prove their marital status and will have problems in a variety of areas. Like VISA/Banks etc.
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Shreyash Mohta

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
Once the Application has been applied fir getting marriage through court it is done with all supporting documents otherwise it will not be deemed to be applied for, And after application of such application with full documents registrar of Marriage issue a month time period after which any time is choose to move for getting married.
He must be emotionally illegally having in relationship with your daughter, that's why he is using such statements. Once your daughter would realise the real legal position of her being with such person may be too late to come back emotionally for her. Tell her to think practical and her legal right to refrain from exploitative attitude of such person.
Also, leaving all te her to get married in Arya Samaj Mandir if by religion you are hindu.
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