• Obtaining marriage certificate for marriage held in 1978

My wife and I got married in Allahabad in 1978. It was a Christian marriage and we have a certificate of marriage issued by the church in which the marriage was conducted. We have been trying to get the marriage registered for legal purposes but are having a problem. 

We no longer reside in Allahabad but have a house in Kottayam, Kerala. The address on our Aadhar card is the Kottayam address. In Kottayam they tell us that the marriage must be registered in the place of marriage. But, when we approached the registrar's office in Allahabad, they ask for proof of residence in Allahabad to register the marriage; they insist that marriage should be registered in place of current residence.

What are the official rules pertaining to marriages held close to 40 years back? Could you please let us know if there are any official notification from the Government on this issue that we can cite to the concerned registrar's office, either in Kottayam or Allahabad?

Please contact me via e-mail at: [deleted]
Asked 8 years ago in Family Law
Religion: Christian

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12 Answers

It is rule that marriage has been registered where the parties are having residence and not where the marriage took place. Generally the marriage has to be registered at place of residence of the husband.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

1) marriage can be registered where marriage was solemnised

2) it is not necessary that you should be residing in Allahabad for registration of marriage

3) For the purpose of registration of marriageone has to approach the office of the Marriage registrar under whose jurisdiction the marriage took place or where either of the spouses stayed for at least six months before the marriage.

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Marriage Registration

The Indian Christian Marriage Act, 1872, under Part IV deals with the marriage registration performed under this Act. The parties are required to make an application for the marriage registration to the concerned authority in whose Jurisdiction either of the party has been residing.

The Marriage Register is where the Registrar, who is present and performs the marriage of the couple, registers the marriage.

An acknowledgement slip of the registration is signed by both the parties to the marriage along with their witnesses and this is attached to the register as a proof that the marriage was registered.

These acknowledgement slips are sent out at the end of the month to the Registrar General of Births, Deaths and Marriages.

Indian Christian marriages may also be endorsed under a special provision without a prior notice.

Documents Required:

a) The complete Application Form

b) Passport Size Photographs

c) The Marriage Certificate issued by the Minister of Priest who performed the marriage

d)Proof of Residence and Age of the Parties

e) An Affidavit certifying the mental and marital status of both parties.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Since you already have the certificate of marriage issued by the Church, you can now registered it before the District Court at Allahabad or Kerala.

2. The process is to make an affidavit affirming that you had got married before at Church in the year 1978 as per the certificate of marriage issued by the Church at Allahabad.

3. In fact I have got my marriage so registered before the court through affidavit for getting my passport.

4. The regular Registrar of Marriage both at Allahabad and kottayam will refuse to register your marriage solensied at the Church before 40 years for want of your address proof at Allahabad and also for lack of jurisdiction by the Kottayam Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If you have a photocopy send them an RTI and seek for the document

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

It is true that without local address proof the registrar is not supposed to register the marriage.

However since you were married long back with no place of residence in Allahabad presently you can use a temporary address of your friends or relatives there for this purpose.

Even a rent agreement for temporary period can take care of thus situation.

So you can talk to the Registrar on this aspect.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

It doesn't matter where you married for the registration purpose you please approach the local Registrar of marriage along with KYC and marriage proofs of both the partner for the day you married and any certificate issued in this regard and apply for the registration.

The Registrar after clarification and physical presence will issue a certificate after 30 days.

You take help of a lawyer.

Good luck!!!

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

This marriage can be registered at:

A. Allahabad, incase you've proof that this marriage was solemnised in Allahabad

B. Place where your permanent residence is situated.

B. Place where your wife's permanent residence is situated.

Incase you fall under category A, there's no way that they can deny you Registration at Allahabad.

On Google find out the latest marriage Registration rules of the State of Uttar Pradesh and find out the relevant clause there in in which the above arrangement must be given.

Cite this before the Registrar and ask him to register your marriage. If he still refuses, move a written application and thereupon approach the Allahabad High Court and file a petition.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Your marriage will be registered in Allahabad as you were residing there during the marriage. You can file a RTI at Allahabad and get the authenticated reply from the office of registrar for the same. You can also show any temporary address in Allahabad for the records. You can file affidavit that currently your place of residence is Kerala.

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Hi,

Since you have marriage certificate, you can get it registered in Kottyam itself.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

The marriage will be registered in Allahabad, since the same is the place of the marriage

Your aadhar is linked to your mobile or not?

Regard s

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The marriage can be registered at the place of solemnisation of marriage also on the basis of the church certificate in which the residential proofs have been submitted for the purpose.

If the marriage registrar is refusing to register the same you can ask him to quote the relevant law or take up an appeal before the district registrar or even the IG Registration or you can drag them to the court with a suit for mandatory injunction seeking direction to the concerned authority to register the marriage on the basis of the authentic records produced before the court for having solemnised the marriage within its jurisdictions.

.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

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