Yes you can opt it from different relative citing the reason the parents are opposed of the said marriage
I am a British woman engaged to an Indian man. We wish to marry in Thailand in July this year. We understand he requires a bachelorhood certificate for this and that one of the things asked for in order to obtain it is an affidavit from the parents. However his parents oppose our marriage ( they would rather have an arranged marriage to an Indian girl of their choice) so we know they won't help us by making this affidavit for us. We are very worried about this as our wedding date is near and we have just found out about this requirement. We know parents cant actually stop our marriage, by law, as we are both over 25 years old etc. But how to obtain the single status certificate without their affidavit for him? Can ot be obtained without? Can a different family member make an affidavit that my fiance is single? Many thanks in advice for your advice which will be very greatly appreciated.
Yes you can opt it from different relative citing the reason the parents are opposed of the said marriage
1. He can make an affidavit sworn in before the First class Magistrate in India stating his marital status at present.
2. This has more evidentiary value than the certificate issued by his parents which is a private document while the affidavit is a public document.
3. if the affidavit can not be done from the Magistrate then register for your marriage in India where there is no requirement in law about the certificate of bachelorhood of any of you.
4. The time for registration of marriage in India is not more than 30 days.
Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court having jurisdiction of the area of the residential address of the applicant. This can be in the form of a declaratory order for which a suit has to be filed before the appropriate court for the specific purpose which is required to be counter-attested by the Home Department of the State concerned. Thereafter, it is to be attested/apostilled by the Attestation Section of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, New Delhi.
2) you don’t need affidavit of parents for obtaining court orders
If he belonged to Tamilnadu then he can approach the Village administrative officer with an application to furnish the desired certificate, who in turn would make a discreet enquiry in the local and after concurrence with eh revenue inspector and the Tahsildar, may issue a single status certificate.
In punjab state no such affidavit is required from parent, the concerned parties may apply for it online and can get online after the authorities concerned make an enquiry in this regard.
You have not mentioned that to which state in India does yor fiance belongs or hails from.
Each state of the country has its own rules in this regard, hence specify.
1. It may not be true that without the affidavit from his parents, he won't get his single status certificate for his marriage.
2. The Indian Consulate in Thailand shall have to issue the matrimonial status certificate for him on his submission of an affidavit from him affirming that he is single.
An affidavit can be made by your husband in India stating this very fact that he is single. It should be notarized and should be registered with registrar.
That would be sufficient so as to prove that he is single.
In India we dint require a certificate that one is single. A person has to declare that he is single in the marriage certificate itself and that us necessary as a person speaking lies under oath shall be punished.
Regards
Bachelor hood certificate dose not issue in India, but can be declare by court which is length issue. Mere declaration through self affidavit is enough. Marriage can be solemonized at Indian embassy , Thailand. Parents nod not required.
A Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court having jurisdiction of the area of the residential address of the applicant.
Affidavit is from the parents in order to obtain a single certificate is optional and can be dispensed with.
It’s a sworn statement that determines the affiant is single as per judiciary’s verifications of the specific country. It’s the legal licence to showcase capacity to solemnize marriage in any country.
Courts, District Magistrate (DM) and Sub-Divisional Magistrate (SDM) can voluntarily issue an affidavit against the presented proof of singlehood. Then, the affiant can get the bachelorhood certificate attested from the Indian embassy. This attestation is compulsory since it puts the stamp of verification from the Ministry of External Affairs (MEA).
Document required:
For bachelor:
· An affidavit stating the affiant is single with more requisite details of address, identity and witnesses.
· Address proof, like Bank Passbook, rental agreement, voter ID, Aadhar card etc.
· Passport or visa
· Birth proof, like birth certificate,
· Parents’ proof, their voter ID, Aadhaar card
For Divorce/Widowed:
In addition to the foregone proofs, the divorce applicants have to present:
· Decree Absolute, if the applicant is legally divorced.
· Death certificate, if the applicant’s former spouse is no more.
Dear client
For single status certificate your fiance have to give his self sworn affidavit about his single status in the office of registrar from where he has to get the bachelorhood certificate and affidavit from parents is not required.
The complete procedure for getting certificate
The sample Affidavit is
AFFIDAVIT OF SINGLE STATUS
I, FULL NAME IN BLOCK LETTERS ,
S/o Mr. FATHER NAME and Mrs. MOTHER
NAME, residing at ADDRESS ON PASSPORT
INDIA. Do hereby solemnly affirm and declare
as under:
1. That I am a Citizen of India.
2. That I was born on ( example)20/08/1984 (20TH Day of August Nineteen Hundred Eighty Four) at STATE, INDIA.
3. I say that I am holding a valid Indian Passport bearing number ( _) issued at PLACE and is valid from date of issue DD/MM/YYYY to date of expiry DD/MM/YYYY
5. That I am eligible to marry an Indian or person of any other nationality according to Law.
6. I further state whatever stated herein above is correct to the best of my Knowledge and is punishable u/s 193 (2), 199, 200 of IPC.
7. I am of sound health and in mentally fit condition.
8. That above are my true and correct statements.
Solemnly declared at STATE , India on the date DD/MM/YYYY.
Thank you so much for all of your replies. We are considering hiring an attorney to help with the process as my fiance is based in Ludhiana and unable to travel to Delhi at the moment. Of a few local solicitors he asked, some said they don't do it and one quoted an incredibly high figure to do so. What is a standard, reasonable fee to process this affidavit for us from issue to attested stage, and do we require a particular type of laywer for it? We can't understand why some are saying they don't do that. Happy to receive quotes here if anybody can help. Many thanks again.
legal fees vary depending upon lawyer engaged by you
you need local lawyer in ludhiana for said purpose
If he belongs to Ludhiana, i.e., Punjab state, there is a provision in law in that state to issue single status certificate.
He can log in to the government website which has a list of all facilities extended by the government to the people of the state.
He do not have to travel to Delhi for this purpose and he can get the job done from local itself.
A Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court having jurisdiction of the area of the residential address of the applicant.
You can approach any consultant who will be charging the reasonable rates for this task instead of approaching the advocate who is charging exorbitantly.
It can be done by any lawyer practicing in SDM courts in Ludhiana.
PS: Lawyers are not allowed to solicit work in India, so price quotation cannot be given.
1. It is one of the simplest job to be performed by anyb lawyer.
2. Ask your fiancee to get an affidavit executed and notarised affirmintg that he is a single as on the day of the affirmation.
3. It shall have to be done on a stamp paper of Rs.10/- and the notary charge will be maximum Rs.50/- (in Kolkata). The lawyer might take Rs. 5,000/- for drafting the affidavit.
4. So, in total the said affidavit can be notarised at Ludhiana itself for an amount of Rs.5,100/-.
5. Ask your Fiancee to enquire about the matter.