• Legal status of marriage

My marriage was an arranged marriage and i got married to this girl in May 2011. 
she was underage at the time of marriage. Church issued the marriage certificate on the lines of the birth certificate which is obtained to show that she is of the legal age.. 

I submitted this marriage certificate for my passport up-gradation to include my wife's name. Now my wife is trying to applying for her passport and the primary Date of Birth document ie., SSLC/10th Class certificate shows a different birth date and doesn't match with the age which is in marriage certificate.

Now i am in a fix how to correct the things. As she is major now shall i re marry her ?
Please advise me here
Asked 7 years ago in Family Law
Religion: Christian

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20 Answers

Hello,

If you two are ok with the marriage then no need to re marry. The marriage is voidable at the option of the parties and not otherwise.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1)wife should obtain court orders to correct her date of birth in school certificate

2) enclose copy of birth certificate which reflects actual date of birth

3) no need to remarry her

4) birth certificate clearly shows she was of legal age at time of marriage

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Querist,

it will be better to remarry with her, registered the marriage before the Sub Registrar office and then apply for Passport.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

See the birth certificate is valid proof of age based on that marriage certificate was issued and based on same the passport can be made.

if the birth certificate is valid and given by the correct authority (meaning there by not forged) submit same before the passport authority as the birth certificate is best proof for date of birth than 10 certificate so passport authority can accept same. An Affidavit to the effect that dob is wrongly mentioned in 10 can be given.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Please file a suit before concerned jurisdiction court seeking to direct the concerned authority to change.the date of birth in school certificate as per her birth certificate.

Produce original birth certificate as document to court in evidence stage.

Produce order copy of court to the board of SSLC. They will make necessary changes and issue a new certificate. Need to make them as party to proceedings.

No need to remarry again.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

If there is or are any mistakes either in the marriage certificate or in any other certificate then your wife can apply for correction.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

Sir donot get into the issue of marriage as you are already married no remarriage is possible just on base of birth certificate apply for passport there is no diffuclty .

Also based on board a correction in 10 certificate can be sough.

Also a birth certificate is valid proof of date of birth if anything contrary to death of birth certificate that should be changed.

Passport authority will take birth certificate as proof of date and an affidavit to effect that dob in 10 marksheet was wrongly mentioned.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Without cancelling the previous marriage, remarriage is illegal.

Instead of remarry, it is better to make correction of the certificate which has wrong information.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

It is not necessary for you to remarry your wife

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Querist

the record of the church will not be the issue because that was not online or connect with the Govt. Department.

It may also be possible that you may be solemnized your marriage again in another city and get the marriage registration certificate with the correct date of birth of your wife.

When you are ready to hide the information from your first marriage then this is only the best way, on the other hand, there will be the very difficult procedure

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Hello,

Yes that is right and has been advised to you by me previously.

The marriage is voidable and not void so you are not required to marry again.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hello,

You should change the dob from her certificate by writing an application to the concerned authority .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Client,

There`s no need to remarry. Marriage below legal age is voidable and can be held void at the instance of wife on attaining 18 years of age.

As wife is agree with the marriage, so better get the DOB change in certificate.

DOB in documents cannot be change.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It seems you have no registered marriage and the certificate issued by the church is having a different date as there is no problem in the registration of your marriage in the registrar office under special Marriage Act and get the certificate you need to submit the proof of marriage and your KYC documents which contain the actual date of birth as per the records just abandoned a certificate issued from the church and do not submitted to the register office there is no matter of remarrying this is matter of only registering the marriage

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can't again remarry her for the said date issue. You can submit a affidavit to passport authority and inform them the correct date and also state that it was inadvertently mentioned in the same.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The marriage which has been solemnised need not be revisited.

If there is no major difference in age i.e., if it is just one year difference to the actual and the the given date of birth, you may just ignore it and can apply for change of date of birth in the passport based on the birth certificate.

That will be an easy process instead of planning to annul the marriage and remarrying her.

If this is objected by anyone, then only this will be a problem, if there is no objection to this marriage to the minor girl from any quarter, there can be no issue in this.

Moreover the people who manipulated the records to submit fake records for the purpose of this marriage will be held liable for this crime, hence better ignore it or you can consult a local advocate to move on based on any other loop hole.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If you have to re-register your marriage,the existing data have to be nullified by a decree of divorce by a court of law, hence it cannot be possible without that,

In my opinion, if the passport is the only issue which is to be taken care, then you may apply for change of date of birth on the basis of birth certificate issued by the competent authority following the procedure for change of date of birth.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. First of all get your said marriage declared as null and void since she was not with in the legally marriageable age at the time of her marriage with you for which you shall have to file a declaratory suit before the District Judge praying for said declaration on the aforesaid ground.

2. Thereafter you can remarry at the said Church showing your said declaration of annulment of your first marriage.

3. Your second marriage will be treated as a valid marriage thereafter.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. It is immaterial whether the Church has kept the record of your marriage in its data base or not.

2. The hard fact is that you two were married which is required to be annulled first for your getting remarried with her as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Firstly, when you got married, it is irrespective of the issue that was her age as was shown to be an adult.

Secondly, marrying second time would not be the solution.

Thirdly, even if the girl who is underage and married, it doesn’t create any offence till the time girl raises any question to that marriage working the period of three years from the marriage.

Fourthly, just give an undertaking to the concerned department that it was wrongly mentioned at the time of marriage, but yet the marriage is not void as per law.

If they still refuse file a Writ in the court.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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