• Change in Marriage date on Marriage certificate

Hello,

I am having a weird kind of complex situation. I live in Germany from past 5 years and as every NRI does, I registered my marriage earlier before the actual marriage (Indian Rituals). Now, when my wife applied for her spouse visa, the embassy is requesting us to change the date on marriage certificate to the date when Indian rituals were followed. 

So my question here is - Is it possible to change the date on marriage certificate? If someone can help us out from this situation then it would be a great help.

Thank you
Asked 3 years ago in Family Law
Religion: Hindu

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8 Answers

Your date of marriage on marriage certificate would not be changed 

 

when you made application for registration of marriage you must have enclosed documentary evidence of your marriage 

 

the certificate reflects date of marriage as declared by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

This is quite common problem faced by visa seeker spouses. According the  German immigration authority, marriage rituals are performed first and then it is registered. Now the  Embassy is asking you to produce marriage dated subsequent to marriage rituals. You cannot create photographs as you in Germany and wife is in India. You can explain the  procedure of first registration and subsequent performance of marriage, the  practice vogue in India .

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You can change the dare of marriage in your marriage certificate only under certain circumstances for e.g. if the date is wrongly printed as against the reality, there is a clerical error in respect of the said date.

For this you will have to move a necessary application before the Registrar of Marriages with relevant evidence as to how and under which circumstances the date is wrong on the marriage certificate.

If satisfied he should allow the rectification. Here it is brought to your notice that the Registrar should give a necessary certificate as to why and how the said date has been changed and in brief mention the facts of the erroneous certificate. (This will clear obstacles which may arise in case contents and facts of both certificates clash. ) This will clear the ambiguities.

You can not change the date if above facts do not exist. You cannot write wrong facts and statements. You will have to face serious complications in case you try to manipulate the certificate by writing wrong facts. You are not advised to take such a course.

Such a step shall be considered as having committed various criminal offences for which you will be liable to be punished.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

So you registered your marriage before the rituals. That way a problem may occur as a Hindu wedding isn't complete without saptapadi/seven steps. The marriage can be challenged/ may not be held legal. But courts have given many judgments in favour. 

Anyways what can be done is that you may show that rituals were performed before registration of marriage and then a social marriage ceremony took place.

An affidavit can be filed.

Can you pls state what the embassy is specifically saying??

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear client I am sorry to hear that but in this case you can file in application before the register of a marriage in order to change the date on your marriage certificate.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- If the said certificate is issued after registering the marriage , then it cannot be changed 

- However, if not registered from the office of the Registrar , then you can registered the marriage even the marriage was solemnized earlier. 

- Further, as you are living abroad , then your wife can apply in India for getting the same, however your appearance is needed at the time of registration of marriage before the marriage registrar. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No only error in the date can be rectified 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Have you registered your marriage as per Hindu Marriage Act wherein the date of social marriage is to be mentioned?

 

2. If yes, then what date you had mentioned as your social marriage?

 

3. If you have registered as per Special Marriage Act, you won't have to go through the social marriage.

 

4. In absence of the answer to the above questions, proper answer can not be submitted.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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