• Marriage certificate

We married in Indian temple in 2020 in Bangalore. However, we didn't register our marriage at the Bangalore marriage registrar. We don't live in India and don't plan to visit.

We want to dissolve our marriage.
The US courts don't consider us married as we don't have a marriage certificate. Our legal counsel has rejected our divorce petition as we don't have a marriage certificate. They don't consider marriage photos, invitation card as proof. 

We have tried to get it from Indian consulate but they can only register marriages done in US. 

Is it possible to get a marriage certificate without personally going to the marriage registrar in Bangalore? 

Please guide.
Asked 3 years ago in Family Law
Religion: Hindu

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12 Answers

Your personal presence is necessary for registration of marriage 

 

2) better option is to file for divorce by mutual consent in India 

 

3) marriage photos , invitation card are sufficient to prove marriage 

 

4) you can file for divorce in India even if marriage is not registered 

 

5) 

 Your personal presence is not necessary . You can execute POA in favour of family member 

 

6) virtual presence through Skype is sufficient 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dissolve your marriage by way of mutual divorce. For this you don't require marriage certificate. 

Any other proof showing the name of your spouse is enough to dissolve this marriage. I regret you are getting wrong advice. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You can apply online for marriage certificate in Bangalore marriage registrar office. And you can tell them you have already performed marriage and now need marriage certificate. You may have to pay fine from day of marriage till date.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

A marriage certificate can be obtained without goung to the registrar. You have to present yourself before the registrar and then only the  marriage can be registered.

Now in these times the registrar may consider your application if video conferencing is allowed in certain cases such as yours.

You should file a petition in the high court and it will pass appropriate orders to consider this by the registrar.

Then you may obtain the certificate.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1.  It's advisable to obtain divorce from an Indian Court, as US is not considered as a reciprocating country by Indian Government.

2.  If it's possible, convince your spouse to agree for Mutual Consent Divorce, which saves time and money and all the differences can be resolved mutually such as custody of children, division of assets, alimony/maintenance.

3.  If you have wedding invitation card, Marriage photos and not have Marriage Certificate, still you can file for divorce in India.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Dear Sir,

Yes, you may apply for a marriage certificate without coming all the way to Bengaluru.

Online procedure to apply for Marriage Certificate

  1. Visit the online official website of Karnataka government
  2. Select the name of your district and continue
  3. Fill in the bridegroom’s details and select “Registration of Marriage Certificate”.
  4. Fill in Marriage Certificate form and select date of appointment
  5. Submit the form by clicking on “Submit Application”
  6. A temporary number will be allotted to you that will be found printed on the acknowledgment slip and this will complete the application procedure
  7. Take a print out of acknowledgment slip and keep it with you

  1. Documents needed to apply for Marriage Certificate in Karnataka

The following documents are needed to register and obtain the marriage certificate in Karnataka.

  1. Completely filled application form, duly signed by both bridegroom and bride
  2. Original wedding card.
  3. Proof of address of bride and bridegroom – Passport/ Voter ID Card/ Driving License/ House Rent Agreement/ Telephone Bill or Electricity Bill. The address proof must be in one of the applicant’s name.
  4. Age proof of bridegroom and bride – Mark sheet of 10th standard with the date of birth mentioned on it or Passport.
  5. Identity proof of bridegroom and bride – Passport / PAN Card / Voter ID card / Driver’s License.
  6. 2 passport sized photographs each of bridegroom and bride
  7. 6 copies of joint photographs of bridegroom and bride in 2B size.
  8. 2 photographs of the bride and bridegroom wearing their marriage dress and are clearly seen taking part in the marriage ceremony (preferably with their families).
  9. Separate marriage affidavits in prescribed format from bridegroom and bride
  10. Aadhar card
  11. Affidavit in case of name change of bride after the marriage.
  12. The newspaper in which the information of the bride’s name change was published

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Online Procedure of Marriage Registration:

  • Visit Karnataka Government’s official online website.
  • Moreover, choose your district name and start.
  • Additionally, fill the information of the bridegroom and choose “Registration of Marriage Certificate.” 
  • Similarly, complete the marriage certificate form and choose the date of appointment Submit the form by clicking on “Submit Document” 
  • Moreover, you will get a temporary number on the acknowledgment slip and this will complete the application process.
  • Print the acknowledgement slip and carry it with you to the Registrar’s office on the appointment date.

Even after filing an application online for registration of marriage, you both have to visit the Marriage registrar's office along with three witnesses.

Instead of undergoing the arduous process to obtain a marriage certificate and then file a divorce case in US, which may again not be legally valid in India for the reasons'irretrievable break down of marriage' or 'no fault divorce' or 'irreconcilable differences' you may apply for divorce ion the grounds of mutual consent at Bangalore itself, you both may give a POA deed to any of yor relatives in Bangalore for filing the case and later on you both can travel to India for the second motion and get the divorce decree through court of law accordingly.

If she is not agreeing for mutual consent divorce you may file a contested divorce case on the grounds of cruelty or any other valid reasons that you may rely upon through your power of attorney agent without coming to India for this purpose, if she refused to participate, you may even get an exparte decree. 

You may think about all pros and cons  and then take  a proper decision.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

In order to get marriage registered you both have to appear in person.

However i would like to suggest you to contact me to discuss it further .

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

- You can contact the marriage registrar for the marriage certificate , if they accepted the process of virtual through online mode. 

- However, as you cannot file a joint petition for mutual divorce in US Court due to lack of marriage registration certificate , then you can opt for mutual divorce from Indian family court. 

- In India, for filing the petition for mutual divorce , the temple certificate including marriage photographs admissible .

- Further, you can file the same after executing POA to any relative in India and after engaging a lawyer , and even you can avail the facility of virtual hearing as well. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

1.Has'nt the temple authority issued a marriage certificate to you?

 

2. You can get your temple marriage registered/affirmed  by the Indian Court      

 

3. Thereafter you can submit the said Court Registration/Affirmation submitted before the USA Court to get the decree of divorce.

 

4. Alternatively, both of you can jointly file the mutual consent divorce petition in India and get the decree of divorce after 6 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Don’t know about Bengaluru, but in Delhi and UP, the bride and the groom along with 2 witnesses have to turn up for marriage registration. I’m quite sure this is the way how this must be working in Bengaluru too

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1. The remedy for you then is to file petition for mutual consent divorce in India.

2. In India the registration of marriage is not a condition precedent to file divorce petition,

3. You can alternatively apply for marriage registration online in India but you will have to personally visit the office of marriage registrar for verification.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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