• Problem with affidavit for single status certificate

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.
Asked 5 years ago in Family Law
Religion: Sikh

9 answers received in 1 day.

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20 Answers

Yes you can opt it from different relative citing the reason the parents are opposed of the said marriage

Prashant Nayak
Advocate, Mumbai
32046 Answers
183 Consultations

4.1 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22859 Answers
492 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94896 Answers
7570 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

 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.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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

  1. Get an affidavit declaring your single status. (Other info like your Passport number, address, date of birth etc needs to be clearly mentioned)
  2. Get a stamp from Sub district magistrate or District magistrate or Court. (None of these parties willingly provide the stamp)
  3. Take it to Home department and get it attested.
  4. Then take this affidavit to the Ministry of External Affairs or branch office and get the apostle.
  5. You need to take a demand draft of postal order for 50 INR.
  6. Take this to the Indian embassy or to other foreign embassy where you wish to marry.

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

4. I say that I am unmarried (single) and I have no living spouse at present either in India or abroad.

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to get married without even going for the affidavit from parents.
  2. Yes, as per law you have rightly pointed out that this is the very necessary requirement, but at the same time not exhausted also.
  3. There can be a situation where children do not live with the parents or they don’t have the parents.
  4. For this, you both will have to draft an affidavit in a way before the concerned authority stating that you have not been living with the parents as this is not the condition put by law exhaustively.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

legal fees vary depending upon lawyer  engaged  by you

 

you need local lawyer in ludhiana for said purpose 

Ajay Sethi
Advocate, Mumbai
94896 Answers
7570 Consultations

5.0 on 5.0

Affidavit executes in 50 rs stamp. highest payable charges are 2100 rs.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

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.

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.

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

Only executing the affidavit and notoary should not go beyond 1500/-

Prashant Nayak
Advocate, Mumbai
32046 Answers
183 Consultations

4.1 on 5.0

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. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

you can engage any expert from this portal. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

5 to 10k should be the fee. Engage any local lawyer for this.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Thank for giving wonderful ratings for my answer to your question.

This won’t be taking more than 3K to draft an affidavit.

You are free to contact me.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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