• Certificate of Marriage not carrying signature of parties

Dear All,

I was going through my documents and certificates to make sure all documents are in place as my spouse needed to apply for reissue of passport (expired two months back) and since both mine and her passport was issued before our marriage none of them had endorsement of name of spouse.
Hence in application for reissue of passport by spouse; marriage certificate is a required document. 

On closer look at the marriage certificate (for first time I guess) which was issued as original marriage certificate by the marriage registrar at Kolkata India few years back; I had certain questions that came to my mind.

Kindly refer image of my marriage certificate as link to explain better.

https://ibb.co/g8gGMQ

What baffles me is that only at one place in marriage certificate there is hand signature by marriage officer and rest all places its typed names. 

Furthermore in field for signature of groom (myself) its typed (not handwritten ) ""SD/- Name typewritten"
Same is for bride and witnesses.

From what I can vaguely remember we followed all processes for marriage under the special marriage act eight years back and did not circumvent any process or went through any agent.

The attached is the only document that was issued as original.

I am worried as the document states that -

1. This is certified to be a true copy? 
Why original document needs to be certified as a true copy?

2. Why there is no signatures taken on this certificate from any of us when it was issued?
I believe the original certificate needs to have original signatures of all parties?

3. Is there some special provision in WB certificate of marriage issued under the special marriage act that our application for certificate of marriage has all original signatures but issued marriage of certificate just has type written names?

Kindly share your views especially as the above seems not the norm and want to confirm if West Bengal / Kolkata has special procedures for this and want to ensure that issued marriage certificate is original and legally fine and valid.

Also why it states the stamped blue clause “if the document is needed….”

Thanks and regards
Sunando Ghosh
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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5 Answers

A. Section 13 of special marriage is given below:

Section 13 in The Special Marriage Act, 1954

13. Certificate of marriage.—

(1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

So, the said marriage certificate of yours is with the book and what has been given to you is a certified copy thereof.

B. No signature of yours have featured in the certificate you have received because it is the certified copy of the marriage certificate which has been kept by the marriage registrar in his book wherein both of you had signed.

C.The said document issued to you is the copy of your marriage certificate certified by the marriage registrar original of which has been kept by him in the book of the marriage certificates.

D. This is a perfectly valid document which can be used by you to establish that you are married to your wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Since the original is lying with the record of the GOvt.it is called as certified to be true copy.

2. It varies with time and form of the marriage certificate. All marriage certificate does not bear the signature of the aprties and there is nothing wrong in it.

3. Contact the marriage registration office .They would guide you with the notification concerned with this issue.I can only reat that there is nothing wrong in it and in many marriage certificates signatures of the parties are missing as a normal procedure.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) it is certified as true copy as per records of the corporation

2) before issiecof original certificate in the register signatures of parties are taken and then only certified copy is issued

3) check with marriage registrar office as to whether certificate had been issued as per its records or not

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The marriage registrar signs at only one place on the certificate and not through the length and breadth of it. The signature of marriage registrar appears above his seal, which is sufficient.

2. Ordinarily, the signature of the spouses is obtained on the marriage registration certificate, but if for some reason the signatures do not exist it does not undermine the legal value of the certificate if it is made under the seal and signature of the marriage registrar.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. This is certified to be a true copy?

Why original document needs to be certified as a true copy?

There seems to be some suspicion on this especially it was reportedly procured through an agent.

Even now you can get the extract of marriage certificate from the concerned marriage registrar or a certified photo copy of the said certificate by which you will come to know if there was some fraudulent transaction or there has been no such certificate issued but the agent stage managed to get you issued some fake certificate.

2. The original certificate may be having your signatures, but why did you not get the original certificate so far ?.

3. There is no such provision, it is the handiwork of the agent who fetched the marriage certificate.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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