You can apply through post and give authority to someone he can later post the said certificate to you. Even marriage registrar office also has facility for posting the same to your address. You can also have facility to apply online during this corona times
Formalities for obtaining a Marriage Certificate: Bride unable to come to Delhi from Qatar
Dear Sirs My daughter in law is working in Qatar on Employer's Sponsorship. My son resides in Delhi with us. They have been married last December and the bride is expecting now. Owing to the Corona crisis the Flights are held up. Also, even if the flights start operating, due to her pregnancy, she will be unable to travel, and therefore, can not present herself in person here in Delhi, before the appropriate authority to complete statutory formalities. Her parents also reside in Delhi itself. As expected date of delivery is approaching (Nov 2020), and the newborn's stay in Qatar beyond two months from her / his date of birth, as per my knowledge, is not permissible, we urgently require to get their marriage certificate issued so that necessary formalities with the Qatar authorities may be taken up in order to validate the newborn's legal stay there at. Both the wife and husband are Indian citizens and the wife is a resident of Qatar having her Qatar ID. Please guide us how to proceed in this matter. We are quite in a fix. Thanks and regards. Patanjali Ranjan Mishra Dwarka New Delhi
Asked 5 years ago in Family Law
Religion: Hindu
22 Answers
A marriage certificate can be obtained from the registrar office. Both of them have to present themselves in person. Now this is an extraordinary situation and hence they could verify her presence via video conferencing ie the sub registrar. You may approach hima nd explain the situation. But i don't think he will agree to it. What you can do is file a writ petition in the high court so that it may give directions to verify and register the marriage.
Her husband may give an affidavit in the meantime that she will personally come and present herself before the sub registrar once she comes back after delivery.
For registration of marriage presence of both parties is necessary
2)obligation has been cast on the Registrar of marriages, before registering a marriage, to be satisfied that the marriage between the parties has been performed in accordance with the personal laws of the parties or any custom or usage or tradition and that the identity of the parties has been established.
3) Madras High Court directed the Inspector General of Registration, to issue a circular to all the Registrars of marriages in the State of Tamil Nadu highlighting that the physical presence of the parties to the marriage is necessary for the registration of their marriage and it shall be incumbent upon the parties applying for the registration of marriage to establish that the marriage between them has been performed in accordance with their personal laws or custom or usage or tradition.
Please ask your daughter -in Law to get General Power Of Attorney executed at Qatar Indian Embassy in favour of her parents authorizing them to appear in the office of Marriage Registrar for registration of marriage.
It would be done.
1. See marriage as per law can be registered only with presence of both the parties, so legally she has to be present before the registrar and sign affidavit to be given for registration of marriage.
In these extra ordinary times you may engage a local lawyer working in field of registration of marriage and you may send form by post to daughter in law to sign the local lawyer may arrange with sub registrar and get marriage registered.
Confirm with the Marriage Registrar office that if she can show her presence for the Certificate formalities through video conferencing.
Or can she show up her presence in the Indian Consulate in Qatar.
For registration of marriage, both the parties should be mentally present before the registrar along with two witnesses. Video conferencing facilities for registration of marriage are currently not available.
If the marriage is already registered and you just want a duplicate marriage certificate, then it can be done by authorising your lawyer to apply the same by way of a power of attorney.
You can approach Ministry of External Affairs and get the her sit book in the special Airplane of Air-force or first Flight which will get started after 31st Jul 2020.
Dear sir,
This is a totally unprecedented issue and personally I have never witnessed a marriage getting registered without the physical presence of a party.
Please contact the marriage registrar's office personally or through a trustworthy agent and ask them if they have any solution. Since your daughter in law is abroad, even they would be reluctant to take any step beyond their official powers.
Do not panic if the registrar refuses to do so. There are plenty of other judicial remedies available. You can file a writ petition before the Delhi High Court or Supreme Court of India. As the issue is of an urgent nature it would be listed within 2 days of filing. The court has powers to issue a writ of mandamus (direction to do something) to the all the concerned authorities such as marriage registrar, nearest Indian Consulate etc to do the needful.
If your daughter in law wants to return to India, the court can even order the Govt. of India to repatriate her through the next evacuation flight from Qatar to India. I can confidently say this because the Supreme Court had in fact done it recently in one of the cases handled by my senior. ( https://www.deccanherald.com/city/centre-agrees-to-let-pregnant-woman-board-us-flight-to-bengaluru-836983.html )
Hope this answer is of some help.
Best wishes.
getting the marriage registered is not a matter of choice, it’s mandatory.
Offline marriage registration is a time-consuming process.
To ease this situation, some of the state governments have introduced online marriage registration online.
Marriage can be registered in India both online and in person
Hence you can approach the Delhi marriage registrar's office to know about more details in this regard and try to get the marriage registered online if there is a provision in law under the state of Delhi.
While net surfing, I have come across a Delhi High Court Judgement dated 30.01.2014 bearing number W.P.(C) 306/2014 given by Mr Justice Manmohan in the case of Ravinder Chadha (Petitioner) Vs Govt of NCT Delhi in which it is ruled that in person presence may not be mandatory and provisions in law there to, should be read in their spirit rather by the crude meaning of words, and present day advanced technology measures should be attempted for ease of processing. In this connection, please let me know :- 1) whether this judgement given remains current presently / for all times and will now be operative / binding in our case also, and an application submitted to the registrar referring / enclosing the judgement will suffice, 2) if yes, give me a detailed guidance relating to the procedure to be undertaken by us in the office of the Certificate Issuing Authority, as well as how to proceed before a Competent court, if necessitated. Which Court will be competent please mention this also. Thanks and regards. 2) give me a detail of formalities to be done in this regard before the certificate issuing authority as well as a Competent Court. Thanks & Regards
Asked 5 years ago
As there is already a judgment of the Delhi high court you should write an application to the sub registrar stating your daughter in law's inability to present herself. Attach a copy of the judgment. If they do not respond then file a petition in the high court of delhi.
Yes the judgement is applicable and you are not bound to be personally present
You can apply for registration of your marriage
2) enclose copy of judgment passed by Delhi HC
3) if application is rejected file writ petition in HC to direct registrar to register your marriage
1. See you file an application before the registrar for.registration with signature from both parties , in case presence is sought by registrar you may file an application for video conferencing citing difficult time in case same is not entertained you may approach delhi high court for directions.
Dear Sir,
A perusal of this judgment indicates that the HC has not laid down the law in general and has passed this exceptional direction only in respect of the parties in that case.
Please read the following concluding paragraphs:
"Consequently, the Registered Authority under the Hindu Marriage Registration Rules, 2002 framed under the Hindu Marriage Act, 1955, is directed to accept the application for registration of marriage of petitioner's daughter and son-in-law through their power of attorney holders."
"It is clarified that this order is made in the peculiar facts of the case as compelling the petitioner's daughter and son-in-law to visit India only for the purpose of registration would entail avoidable delay and expenses."
You can surely cite this judgment to convince him and if the Registrar is kind enough he will agree to your request.
Otherwise, as suggested in my previous answer, you can move a Writ Petition before Hon'ble Delhi High Court (as was done by the Petitioners in the case you have mentioned) or the Supreme Court (both are competent courts). The Court will issue a similar direction in your case as well.
For the procedure and formalities before the certificate issuing authority, you can read the following link:
http://health.delhigovt.nic.in/wps/wcm/connect/DoIT/delhi+govt/community/marriage+certificate+and+registration
For appearing before courts, it is always open to appear in person, but considering the situation we are in, the Petition will have to be filed online and the case would be heard via video conferencing.The entire procedure involves a few technicalities. It is recommended that you seek assistance of an advocate.
Best wishes.
- As per rule , you can apply for registration of marriage online , but for getting marriage certificate , appearance of both parties are mandatory.
- However, the party who is resides in Delhi can apply after submitting all the proof before the marriage registrar.
- You can move an application before the marriage registrar office , to comply the direction of the Delhi High Court said order .
Rules are available on the website Please surf for guidance.
1. The judgments given will remain effective until they have been superseded by another judgment by supreme court nullifying the same.
2. You can apply as per the procedures and if it is rejected then you can prefer an appeal before the district registrar by attaching this citation seeking to set aside the orders of the marriage registrar and to direct him to register the marriage on the guidelines of the said judgment.
Nothing much....just submit all the related documents....
Requirement list can be obtained from the authorities
For Marriage Registration under Hindu Act: You can apply at office of the Sub-Divisional Magistrate in whose jurisdiction the husband or wife resides on any working day. Fill the Application form duly signed by both husband and wife. personal presence not required.
at the time of registration, you can enclose citation.
Your daughter in law need to be present physically before registrar office of marriage for registration.
You can try and make an application for registration of marriage through POA of bride given to her family member but chances that this procedure will work are not good.
