• Mistake in marriage date on marriage certificate

Hi,
I am working in USA, i m from India. I recently got married to a gal back in India on February 4th 2018.
I traveled India on January 24th 2018 and my return flight to USA was on February 11th 2018.
Due to all rush we did some mistake in filling out the form for Marriage Registration, and we were not able to catch the that. The Mistake was done the date instead of 04/02/2018 it's 04/01/2018. When we received the marriage certificate we found that the date on the certificate was 04/01/2018 instead of 04/02/2018. We registered our marriage in Gujarat and my wife she is from Noida, UP.

We did talk to registered regarding the mistake, he puled all the documents that we submitted at the time of marriage registration and we found that it was our mistake on date.

To be Honest, in this marriage registration process everything was done by our lawyer he made mistake in date. But it was my & my family's fault that we didn't go through the form or documents before signing it.

I am applying for my wife's dependent Visa for USA, i have each and every documents ready for her application. 
But the big problem is if we go as per the date on marriage certificate (which we need to show to VIsa officer) i was not in India on 04/01/2018. i have my stamping and everything on my passport from Jan 24th, 2018 to Feb 11th 2018.

Question:
1) How can change the date on my marriage Certificate?
2) If am not able to make any change then what should i do to apply for her VIsa for USA?
3) Or should i just take a change by applying for her visa and if she clears the Visa the Interview?

We and my wife we already started fighting on this Topic and it is affecting our relationship badly.

Please Advise.
Asked 1 year ago in Family Law from United States
Religion: Hindu

1. Apply for verification of date with marriage registrar that due to error mistakenly you mentioned date of marriage as 4/01 instead of 4/02 file a affidavit to this effect with him and complete the retification procedure.

2) you will get it changed donot worry if the registrar refuses to rectify it can be rectified by court order though registrar have power to correct it.

3.no it is better to get rectified as once it in record ot will.create further issues in visa.

Shubham Jhajharia
Advocate, Ahmedabad
18257 Answers
71 Consultations

5.0 on 5.0

1. A typing mistake arises out of human error which is quite common place in public documents for which you need not get worried much.

2. Any kind of typing error in a public document can be corrected by the issuing authority in due process of law.

3. So you will have to make an application before the Marriage Registrar to correct the misstate which can very be corrected by the Marriage Registrar himself on due compliance of procedure.

4. Unless and until the mistake is corrected do not apply for visa as the same can be cancelled if the US consulate finds anomaly in the date of marriage.

Devajyoti Barman
Advocate, Kolkata
17480 Answers
248 Consultations

5.0 on 5.0

As you discovered an error on your marriage certificate after the register has been signed, you should apply to the Registrar where your marriage was registered in order to correct it. You have to file a rectification application and provide evidence to support the reason for the correction. After this, a fresh marriage certificate would be provided to you bearing correct details, but you'll would be bear a nominal fee for issuance of new marriage certificate.

Regards.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

If the registrar is not entertaining your application, you can file a declaration suit in civil court or you can approach high court by way of a writ petition which would be a quicker remedy in your case.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

There is provision in Special Marriage Act for rectifying irregularities if any under sec 49 and the registrar of marriage has to make corrections in presence of earlier witnesses.

2. Ask your father to engage a lawyer and get corrections done.

Sushil Jha
Advocate, Patna
283 Answers
2 Consultations

5.0 on 5.0

File an application before the Registrar for rectification in the marriage certificate with all the documentary evidence as it’s a typographical error which wasn’t done intentionally.

As I read your follow up, you can file an appeal of the application made to the Registrar for rectification in marriage certificate to the joint district Registrar of the concerned district. You can also file an RTI regarding the dismissal of your application.

Further if you want a speedy process you can file a Writ petition in the concerned High Court.

Coming on to your application for visa, you can produce evidences if asked regarding your applications for rectification and other steps taken.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Firslty, there has been a provision in the marriage registration act for amendment of any information on the marriage certificate if sufficient been given for the same.

Secondly, as you have already lived an application for the rectification, but he didn’t respond to you in a pleasant manner as being a public officer.

Thirdly, ask yu parent to file a Writ of Mandamus befor the High court seeking answer from him as to why he is not entertaining the application.

You would surely get the relief.

Sanjay Baniwal
Advocate, South Delhi
4787 Answers
11 Consultations

5.0 on 5.0

Yes you are the registrar will not accept as the mistake is done by your agent with thought process as if came to India on 24 the Jan and went back back on 11th. When did you filled form with your signature.

As the rules say the form should be filled and submitted one month prior due to some procedure Of notice the date was put accordingly.

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

Hello,

The best you can do is, get the Marriage registered in Noida again.

The authorities in Gujarat will not make the amendment.

Anilesh Tewari
Advocate, New Delhi
16748 Answers
254 Consultations

5.0 on 5.0

Marriage can be registered at the place where the wife resides.

Regards

Anilesh Tewari
Advocate, New Delhi
16748 Answers
254 Consultations

5.0 on 5.0

Catch an agent agent stand below registered office . At some office where you got married pay him some 1 to 2k and request him to need full, he will surely do it. as this agents maintain good relationship inside and have some sort of settings and are used to do all such works... This would may be done in less time.

All the best

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

hello,

You can change the date of marriage in your marriage certificate only under certain circumstances for e.g. if the date is wrongly printed as against the reality, there is a clerical error in respect of the said date.

For this, you will have to move a necessary application before the Registrar of Marriages with relevant evidence as to how and under which circumstances the date is wrong on the marriage certificate.

If satisfied he should allow the rectification. Here it is brought to your notice that the Registrar should give a necessary certificate as to why and how the said date has been changed and in brief mention the facts of the erroneous certificate. (This will clear obstacles which may arise in case contents and facts of both certificates clash. ) This will clear the ambiguities.

do not, in any case, indulge in any kinda illegal act.

regards

Rahul Mishra
Advocate, Lucknow
4125 Answers
11 Consultations

5.0 on 5.0

You can change the date of marriage in your marriage certificate only under certain circumstances for e.g. if the date is wrongly printed as against the reality, there is a clerical error in respect of the said date.

For this you will have to move a necessary application before the Registrar of Marriages with relevant evidence as to how and under which circumstances the date is wrong on the marriage certificate.

If satisfied he should allow the rectification. Here it is brought to your notice that the Registrar should give a necessary certificate as to why and how the said date has been changed and in brief mention the facts of the erroneous certificate. (This will clear obstacles which may arise in case contents and facts of both certificates clash. ) This will clear the ambiguities.

You can not change the date if above facts do not exist. You cannot write wrong facts and statements. You will have to face serious complications in case you try to manipulate the certificate by writing wrong facts. You are not advised to take such a course.

Such a step shall be considered as having committed various criminal offences which shall be penaly punished.

Ganesh Kadam
Advocate, Pune
7113 Answers
60 Consultations

4.9 on 5.0

1) apply to marriage registrar to rectify mistake of date of your marriage

2) if registrar refuses file petition in Hc to direct registrar to rectify mistake of date of marriage

3) if you want to avoid legal hassles apply for visa and hope she clears the visa interview

Ajay Sethi
Advocate, Mumbai
65485 Answers
3961 Consultations

5.0 on 5.0

contact a local lawyer and file writ in Hc to direct marriage regsitrar to accept your application for rectifying date of your marriage

Ajay Sethi
Advocate, Mumbai
65485 Answers
3961 Consultations

5.0 on 5.0

See there is provision for registrar to rectify the mistake in case he refuses a writ can be filed before the high court to get direction for registrar to correct the mistake. Further donot make any further certificate as he is suggesting that is illegal.

Shubham Jhajharia
Advocate, Ahmedabad
18257 Answers
71 Consultations

5.0 on 5.0

1. Submit an application to the marriage registrar to rectify the marriage date in the form and obtain his stamp and seal on it

2. then prepare an affidavit stating that there is an inadvertent error in the marriage date on the marriage form and you have made the necessary application to rectify that error. Give an undertaking in the affidavit that as soon as the date is rectified you will submit the fresh marriage certificate issued by the marriage registrar

3. attach the acknowledged affidavit to your affidavit

4. you and your wife can make a joint affidavit as well

5. sign the affidavit before Indian consulate or public notary and send it to India for submission

Yusuf Rampurawala
Advocate, Mumbai
4321 Answers
22 Consultations

5.0 on 5.0

You may file writ before the concerned high court for changing the date of marriage. Registrar has not power to change the date. For assistance contact me.

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

1. You might have inadvertently mentioned the date of your marriage as 4.12018 in your application but have signed the Marriage Register on 4.2.2018 before the Registrar and he had supervised the said registration of your marriage and should have detected that you have mentioned 4.1.2018 in place of the actual date of registration of your marriage being 4.2.2018. You might have mentioned anything in your application but the Registrar should put or ask you to put the actual date of your said marriage registration. He can not shrug off his responsibility.

2. . You can execute an affidavit before the 1st Class Judicial Magistrate affirming that inadvertently the date of registration of your marriage was mentioned in your marriage certificate as 4.1.2018 in place of 4.2.2018 which is required to be corrected. (here the Magistrate might question as to how has the Registrar mention the date of 4.1.2018 when you were not in India on that date).

3. Ask the Registrar to correct the mistake made by him by showing registration of your marriage on 4.1.2018 when you were not in India at all based on your simple notarised affidavit otherwise he might loose his license for registering marriages.

4. If he does not agree to make a change, file a declaratory suit praying for a declaration that inadvertently wrong date of 4.1.2018 was mentioned in your application and also in your marriage certificate when you were not in India in place of 4.2.2018 and also praying for a direction upon the Registrar to amend the mistake and issue your marriage certificate afresh.

Krishna Kishore Ganguly
Advocate, Kolkata
22356 Answers
587 Consultations

5.0 on 5.0

1. It is primarily his fault.

2. He is supposed to register the marriage by registering both of your signature on the marriage register maintained by him and both of you being actually present before him and ensure that both of you have put the actual date on the Registrar while appending your signatures therein. he is then required to issue the Marriage Certificate based on your actually signing the Register and not as p-er the date of marriage you had mentioned in your application for marriage.

3. if you had mentioned in your application that you shall marry on 4.1.2019, will the Registrar issue marriage certificate now showing the date of marriage as 4.1.2019?

4. It is primarily the fault of the Marriage Registrar for which he might loose his license if you take up the matter.

5. Inform him the risk he is facing if he does not correct his mistake and if he still show his unwillingness to make the said correction, file the declaratory suit as suggested in my earlier post.

6. Do not take any short cut way of getting your marriage registered afresh before the Registrar of some small town which will be illegal.

Krishna Kishore Ganguly
Advocate, Kolkata
22356 Answers
587 Consultations

5.0 on 5.0

Question:

1) How can change the date on my marriage Certificate?

The marriage registrar cannot change the date of marriage even if it has been erroneously recorded.

You have to file a declaratory suit to declare the correct date of marriage and to direct the marriage registrar to rectify the same.

2) If am not able to make any change then what should i do to apply for her VIsa for USA?

You have to follow the procedures as laid down.

3) Or should i just take a change by applying for her visa and if she clears the Visa the Interview?

Dnt run the risk, you may better follow the legal process instead of planning any short cut method.

We and my wife we already started fighting on this Topic and it is affecting our relationship badly.

You should convince her about this.

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

Thank you for your quick response on my question.

We did the application part and when my father went to give application to the registrar (as i am in USA rite now). He is not accepting our application. All he said was i cant take it was your mistake not from our end go and get it registered from small town that will solve your problem.

I am not sure what he is trying to say but i don't want to mess this situation anymore.

He might have suggested you to register the marriage in another place suppressing this registration, however it will not solve your problem.

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

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