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What To Do If Wrong Date Of Marriage Is Recorded On Your Marriage Certificate ?

  • Writer: lead India
    lead India
  • Mar 13, 2023
  • 3 min read

Court Marriages in India are the simplest way to get your marriage solemnised without any pomp and show. At the end of the court marriage, the couple would receive their marriage certificate without having to apply for it separately. For further information you should seek legal advice from court marriage lawyers in Bandra or Court marriage lawyers in Noida.


Who is eligible


Two persons of different genders belonging to any caste, religion, place etc. could marry through the Court.


Certain conditions required to be fulfilled for couples to register for court marriage-


  • There should be no pre-existing marriage, even if there was, no living spouse should be there, i.e.the person applying for court marriage, if was married earlier, then at the time of marriage should be either a divorcee or a widower/widow.

  • The male should have completed the age of 21 years and the female shall be more than 18 years old or above.

  • The parties filing for court marriage must not be within degrees of prohibited relationship, provided that customs governing at least one of the parties allows so.

Documents required:


1. Application form filled and signed by the parties

2. Receipt of fees paid for the application form to be attached.

3. Documents proving date of birth of the parties.

4. Documentary evidence proving the stay in the area under the jurisdiction of the marriage officer.

5. Affidavits from both parties of-

  • Date of birth

  • Present marital status of the parties i.e.if they are unmarried, divorcee or widow/er

  • Affirmation that parties do not fall within the degrees of prohibited relationship as per the Act.

6. Passport size photos of the parties duly attested by a gazetted officer.

Procedure for Court Marriage-


Provided under Chapter II of the Act, titled as “solemnization of special marriages”, the court marriage procedure could be understood as follows

  • Notice for intended marriage

Mentioned under Section 5 of the Act, a notice is required to be submitted to the Marriage Officer. The parties have to provide a notice in writing and in the form prescribed in the Second Schedule to the Marriage Officer. The Marriage Officer so mentioned, must have jurisdiction over an area where at least one of the parties to the marriage must have resided for a period not less than 1 month.

  • Publication

The Marriage Officer would publish the notice in some inconspicuous part of his office. True copies of the notices should be kept in the marriage Notice Book.


If the parties are not residing in the area of the marriage officer then he shall send the copies of the notice to be published in his office.

  • Objection


  • Provided under Section 7 of the Act, anyone could raise an objection to the notice of marriage published in the office of the registrar. The objection could be raised on the grounds provided under Section 7 of the Act.

  • Objections must be raised within a period of 30 days from the date of publication of the notice.

  • The objection raised should be recorded in the marriage Notice Book by the Marriage Registrar.

  • Under Section 8, a marriage officer would have a period of 30 days to enquire about the validity of such objections raised.

  • The marriage would be solemnised if such objection was not found to be valid.

  • However, if the objection so raised was found to be valid by the Marriage officer then the marriage won’t be solemnised in the court, however the matter can be taken into appeal before the District Court by the parties concerned.


  • Place of solemnization

Provided under Section 12 of the Act, marriage could be solemnised at the office of the Marriage officer or at a place within a reasonable distance.

Marriage shall be valid only if both parties in the presence of the marriage officer affirm that they are ready to get married to the other party and also three witnesses are present.

  • Certificate of marriage

The marriage certificate issued would contain the name of the parties, witnesses, and the marriage officer as well as their signatures, including the date of marriage.


If the wrong date has been recorded in the court marriage certificate ?


In case some clerical mistake has been committed in the marriage certificate, then after the certificate has been delivered, an application regarding the same could be sent to the office of the marriage registrar where the marriage has been registered. You would have to provide evidence for the same.


Conclusion


From the above discussion, it could be inferred that a marriage certificate could be rectified by simply applying to the marriage registrar. For further information, you could seek legal guidance from an experienced court marriage lawyer in Ahmedabad.


Lead India offers you an experienced team of lawyers who could help you obtain your court marriage certificate without any difficulties. To seek free legal advice online or talk to a lawyer, you may contact us.



Call Us: +91–8800788535


 
 
 

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