• Affidavit of filiation

Me and my fiancé are in a process to apply for special marriage act. He is a French citizen and I am Indian. As required I either have to submit a. my parent's marriage certificate or b. Ration card (or) c. Affidavit of filiation from a notary/advocate. In my case the 1st two options are not available so I will have to present an affidavit. Can anyone guide me for a format/ template to draft the affidavit
Asked 7 years ago in Family Law
Religion: Muslim

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8 Answers

a. parents marriage certificate is not required to be submitted.

You may find the format of the affidavit at the following link:

https://www.scribd.com/document/213785637/Affidavit-of-Filiation

Let me know if some further help or clarification is required.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. There is no fixed template for any affidavit.

2. If there is fixed requirement for such an affidavit then the template would be lying with the registration office itself.

3. So get a copy from its office and affirm an affidavit on that lines.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can make a simple affidavit stating name of the parents and the relationship is know to you as you resided with them for the time period further this kind of certificate is not required under Special marriage act the birth certificate and the ID proof suffice.

Further if the Registrar is asking for same reference from here can be drawn https://www.scribd.com/document/213785637/Affidavit-of-Filiation

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1)As per Shariah law, Court Marraiges is invalid and void for a girl to marry without the consent of wali.

2)You Can Make Your Own Affidavit Online through some website.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

COURT MARRIAGE OF AN INDIAN AND A FOREIGN NATIONAL

A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country.

ELIGIBILITY CRITERIA:

At least one of the parties should be an Indian citizen.

The bride groom must be 21 years of age; the bride must be 18 years of age.

Neither party has a spouse living,

Neither party is an idiot or a lunatic,

The parties are not within the degrees of prohibited relationship

Each party involved should not have any other subsisting valid marriage.

DOCUMENTS REQUIRED:

Application form duly signed by both the parties.

Documentary evidence of date of birth of parties.

Copy of Passport of both the parties with valid Visa.

Residential Proof of both the parties.

Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).

N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.

Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.

PROCEDURE:

The parties to the marriage shall give notice in writing in the form specified, to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

All the documents are verified at the Office of Marriage Registrar.

The law of other nation shall not be in conflict with Indian laws.

The notice is then published inviting objection to the marriage, if any.

If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.

The marriage shall be solemnized in the presence of at least three witnesses.

Further the Marriage Certificate is entered and is granted by the Marriage Registrar.

Check the procedure and document require for the special marriage act, If still you want Affidavit format of filiation than we will provide it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

There is no format

Contents of affidavit depend upon facts of each case

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

Draft is not complicated.

First your introduction with name , age , s/o, r/o etc hereby declares .

That your are son of these persons ( father mother ) born on ...... at this place..

Lost all the documents which proves parentage etc or reason for not having any document which can prove it.

and declaration that you are child of this particulate persons and sworn to this declaration.

And any fact given in this affidavit found true ,you will be sole responsible for any consequences.

Rest language any typist in court will set.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

There is no template or format for making this affidavit.

You can appraoch a Notary public in your area who will be able to prepare the affidavit in the manner it is required to be submitted.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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