• Marriage Certificate when I am in US and Wife is in India

Is it possible somehow that I provide my consent (via letter or an affidavit) and my wife with all our family members (mother father from both sides) along with wedding card and photos can appear in front of authority and request a marriage certificate. 

The reason is I can not travel currently because of work & travel restrictions and the marriage happened 6 months ago. At that time, offices were closed & we didn't get much time either.

TIA.
Asked 4 years ago in Family Law
Religion: Hindu

10 answers received in 1 day.

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11 Answers

Presence of both parties is insisted upon for registration of marriage 

 

your consent by affidavit would not be accepted by the authorities for issue of marriage certificate 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

There is judgment of Delhi high court that video conferencing is permissible 

 

check with marriage registrar office in your city 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Normally both have to be present for the registration to take place. But in extraordinary circumstances it may happen.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

An application must be moved to this effect and permission sought from the registrar office.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Unfortunately, the marriage registrar's office is not equipped with video conferencing facilities yet. The marriage registrars insist on the physical presence of the bride and the bridegroom before them along with their respective parents and witnesses for the purpose of registration. You may register your marriage during your next visit to India after international travel is eased.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client, 

There is also an option of getting a marriage certificate online at https://www.onlinemarriageregistration.com/ 

Thank you 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Delhi High Court , Justice Rekha Palli said the mandatory personal presence before the authority for registration of marriage will include appearance through video conferencing, allowing a petition by a US-based couple who approached the court to register their marriage virtually.

- Hence, you can move an application before the marriage registrar of the area where you want to register the marriage for allowing you both to appear thorough Video conferencing . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

 

Offline marriage registration is a time-consuming process. To ease this situation, some of the state governments have introduced online marriage registration online.

Documents Required for Marriage Registration Online

  • Proof of Address – Voter ID / Ration Card / Passport / Driving License
  • Proof of Date of Birth of both husband and wife
  • 2 passport sized photographs
  • Separate Marriage Affidavits in prescribed format from Husband & Wife
  • Marriage Invitation Card
  • Aadhaar Card
  • All documents must be self-attested

Witnesses

A person can be witness to your marriage if he/she has attended the marriage and have a valid PAN Card and proof of residence.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Marriages can be registered in the virtual presence of parties, the Delhi High Court has ruled, saying that in the present times, citizens cannot be prevented from exercising their rights because of a rigid interpretation of law which calls for “personal presence”

Hearing a plea by a US-based Indian couple seeking to register their marriage here through video conferencing, Justice Rekha Palli opined that not treating physical presence as a mandatory requirement would also encourage parties to easily get their marriages registered.

“I have no hesitation in coming to the conclusion that the term “personal appearance” in Clause 4 of the Registration Order has to be read to include presence secured through Video Conferencing. Any other interpretation, would not only frustrate the very purpose of this beneficial legislation, but, it would also undermine the use of this important and easily accessible tool of Video Conferencing,” the judge said in her order dated September 9.

 

She said the Delhi (Compulsory Registration of Marriage) Order, 2014 is welfare legislation, promulgated at the instance the Supreme Court to encourage the registration of marriages.

“The insistence of physical appearance even when their personal appearance can be easily secured through video conferencing, will definitely make it more cumbersome for parties to come forward for the registration of marriages. This will negate the very purpose of enactment of the Registration Order and cannot be permitted,” the order further reads.

The court allowed the couple to mark their “personal appearance” before the Registering Authority through video conferencing after submitting their application for the registration of marriage through their counsel/Power of Attorney Holder in physical form alongwith copies of all supporting documents duly notarized, either by the notary public in the United States of America or by a notary public here.

It directed that the two witnesses would appear physically before the Registering Authority with their original ID proofs on the date notified by the Registering Authority.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Pandemic COVID 19 made more changes in human life. Now various high courts including Supreme Court delivered the verdict that marriages can be registered in the virtual presence of parties. The insistence on physical appearance even when their personal appearance can be easily secured through video conferencing will make it more cumbersome for parties to come forward for the registration of marriages.A bench of justices Indira Banerjee and V Ramasubramanian said that letters of law cannot work in a manner that makes it impossible for people to follow them even when they desire to. “Special Marriage Act was enacted in 1954. The technology of computer and Internet has come much later. Therefore, the law has to march along with technology.

Most of the office are considered onine application and physical copies for registration. Submit your application for marriage (Better suggest After marriage application / your marriage solemnised 6 months before ) and produce documents . 

 

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Yes it's possible. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

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