Mistakes in marriage certificate
I am an Indian citizen and my wife though Indian by birth but NRI at the moment. We got married last year in Ghaziabad at Arya Samaj tehsil. They put my wife's address and nationality incorrect though we provided them relivant proofs of her address, citizenship status, visa and No Objection Certificate, most of which they didn't use. Based on it the court marriage certificate was produced. We asked them to correct it at that time and they told us we can come anytime and get it corrected. Now it has been more than a year and nobody is helping us in correcting it. We gave them hefty amount at that time and now again they asking lot of money for their mistake and on top of it pay them in advance . no gurantee of work. I really need help as because of this my wife can't declare her marriage legally and stay here in India nor I can take visa to go with her.
Asked in Family Law from Ghaziabad, Uttar Pradesh
Who is asking money from you? You need not pay hefty amount for correcting address. An application is to be filed and they are bound to do the required.
1. Have you registered your marriage under Special Marriage Act? If no then you apply it with all correct facts.
2. if you have already done so then you can apply for correction of mistakes to the same Marriage registrar.
3. if any sort of corruption is playing spoilsport in this thing, you can bring the fact to the Registrar who heads the whole department.
1) address letter to Arya Samaj for correcting mistake in address and nationality.
2) enclose relevant documents like passport which would indicate nationality , residential address .
3) if no reply is received send another reminder by Speed Post AD
4) it Arya Samaj refuses to rectify mistake lodge written complaint with the person heading Arya Samaj in Gahziabad
Any demand for money for correction of facts is illegal that too when the correct address proofs were given in the beginning it self. You need to attach all your communications with them and send them a show cause notice on non performance of assigned duties.
In case this does not works then file complain for harassment and send it to vigilance.
Thank you everyone for replies. We already spoke to Arya Samaj Tehsil from where the certificate was issued. They told us nothing could be done. As proof of my wife identity they attached a copy of foreign passport but still they put her nationality as Indian and addreds of her aunt as permanent address. Don't what have they done to her bank statement showing residence proof. Registrar is happy to correct the mistake in court certificate but it wil be based on Arya Samaj certificate and they are asking for money as well. So which Arya Samaj head should we contact?
Asked 2 years ago
1. This is apparently another instance of corruption by babus in India. The legal charges to carry out a rectification in the marriage registration certificate do not exceed 500 INR.
2. Since the officials in the registration certificate are not doing their duty as per the law you may approach the High Court in the exercise of its constitutional authority to direct the registration office to rectify the errors.
1) you cna lodge written complaint with Pradhan of arya samj mandir ghaziabad .
2) you can also move consumer forum against arya samaj for failure to rectify mistake in marriage certificate and seek compensation .
In such a situation you should move a petition in front of High Court over that issue and resolve that problem amicably and if you want some more clarification then contact us.
Advocate Anurag Bhatt
Allahabad High Court
Contact a lawyer personally or over the phone or over the mail and send a scan copy of the certificate issued by the arya samaz mandir.
The engaged lawyer will contact the priest and tty to settle the matter amicably if not possible then file a civil suit for declaration before court.
Advocate, New Delhi
You may contact to me personally or over the phone
Advocate, New Delhi
1. The root cause of the problem is the Arya Samaz Mandir priest,
2. Send him a legal letter calling upon him to send you the corrected copy of the certificate within 7 dyas, under copy to the Registrar who is willing to make the correction on receipt of the corrected certificate from the Ayra Samaj Temple,
3. If you do not get the corrected copy with in 7 days, send a legal notice to the Registrar calling upon him to make the correction based on the evidence submitted by you within 7 days and send you the corrected copy,
4. If he fails, file a writ Petition against the Registrar's inaction also making the Arya Samaj the Private Respondent.
it is your responsibility to check the certificate issued by arya samaj. there is different procedure for marriage registration of indian citizen and NRI, this is lengthy procedure and require NOC from embassy. due to lengthy procedure you have cheated by them. you should avoid to indulge in unnecessary litigation. give an application before marriage registrar for correction. if arya samaj mandir reluctant to amend then you can file declatory suit for the fact that at the time of marriage your wife was NRI and a mistake is done by arya samaj in solemnization certificate, make arya samaj a party.