• Can a Hindu marriage be re-registered in a different jurisdiction

We got married in Nov 2021 and had 2 marriage ceremonies in different states but have photographic proof of only one ceremony. We registered our marriage at the jurisdiction for which we don't have photographic proof as one of us has the domicile of that jurisdiction.

Our marriage is not not being accepted as valid for a visa process. We are asked to register our marriage at the location we have photographic proof of. How can we re-register our marriage?
Asked 3 years ago in Family Law
Religion: Hindu

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10 Answers

you can have only one marriage registration . 

 

 

you cannot re register your marriage 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A marriage can be registered at any one of the place 1. Where marriage takes place 2. Where either of spouse having domicile 

 

Ravi Panwar
Advocate, New Delhi
116 Answers

marriage registration certificate itself is not a proof of valid marriageRegistration is valid only when it is found that there was a valid marriage in accordance with the provisions of the Act. When the factum of marriage is disputed, the essential ceremonies constituting the marriage must be pleaded and proved, and the evidence regarding the performance of marriage according to Hindu rites must be brought on record to show that there was valid marriage.

 

2) The evidence regarding the performance of marriage according to Hindu Law must be brought on record to show that there had been a valid marriage. In order to perform a valid marriage under the provisions of the Act, two essential ceremonies had to be performed, namely, (1) Invocation before the seared fire and (2) Saptapadi, and the absence of these two essential ceremonies invalidates the marriage. Such invalidity could not be cured simply by registration of marriage. If there was a valid marriageregistration of that marriage under Section 8 of the Act becomes a proof of the valid marriage under the Act. If there was no valid marriage, the registration also does not come to the rescue of the respondent to claim that there had been a valid marriage because of registration

 

3) you can produce marriage invitation card , wedding photographs .as proof of marriage 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

In order to re-register a marriage at a given location, the individual or individuals involved must contact the appropriate Registrar of Marriages in the relevant jurisdiction. The specific requirements and procedures for re-registering a marriage vary from state to state, and must be followed to ensure that the marriage is properly registered. Generally speaking, the individuals will need to submit an application form along with supporting documents such as their marriage certificate, photographs of the marriage ceremony, and other documents as may be required by the Registrar of Marriages. Upon acceptance of the application, the Registrar of Marriages will issue a new marriage certificate which can then be used as proof of the marriage for visa processing purposes.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

 

The process of re-registering your marriage may vary depending on the jurisdiction where you got married, as well as local laws and regulations.

First, you may want to check with the local registrar or marriage office where you have photographic proof of your ceremony to determine if they allow re-registration of marriages.

If re-registration is allowed, you will need to provide documentation to prove your identity, such as a passport or driver's license. You will also need to provide the marriage certificate from your original ceremony, as well as any other required documents.

 

A lot will depend on the city in which the entire process has to take palce 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

An affidavit to show that the marriage has only been registered once will work

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Registration only happens once. It cant be reregistered

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

A marriage  once registered before a marriage officer in India, it is considered as a legally recognised and valid marriage.

The German authorities cannot ask you to obtain the marriage certificate from the place whre the ceremonies took place.  

Besides what is the proof with the German immigration or visa authorities to prove that the ceremonies took place at a different place to that of the marriage registrar.

The Marriage registrar will follow the Indian rules and it cannot dance to the tunes of the foreign laws.

The marriage once registered cannot be re-registered in a different place. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You do not have to give any explanation or quote any law to affirm that the marriage can be registered only once, it is is a universal law that a marriage can be registered only once whether in India or at Germany. 

It is  important to have the marriage legally registered in our nation. This will result in a marriage certificate, which will be required for all joint undertakings between the couple, such as buying property or getting a spouse visa to travel abroad. 

Besides other requirements, one has to note the following requirements too for registering the marriage in India, which are given below

  • Both the husband and the wife must sign an affidavit confirming the location and date of their marriage, their dates of birth, their marital status at the time of marriage, and their nationality.
  • Two passport-size photographs of both husband and wife are required, as well as one wedding photograph.
  • If one is available, a wedding invitation card must be submitted.
  • A certificate from the priest who solemnised the marriage is necessary if the marriage was solemnised in a religious setting.
  • Affirmation that both the parties are not related to one other in a degree of relationship that is prohibited under the Hindu Marriage Act.
  • In the event of a divorcee, an attestation copy of the divorce decree/order, and in the case of a widow/widower, an attestation copy of the spouse’s death certificate.

Thus it can be seen that the registration process of marriage is cumbersome as well as proper since the marriage certificate issued by the marriage registrar is indisputable because the marriage registrar is required to analyse all the facts as per law and satisfy himself before issuing this certificate. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client,  

To re-register your marriage, you will need to follow the registration process of the state where you have photographic proof of the marriage ceremony. The process may vary slightly depending on the state, but generally, the following steps may be required:

Obtain a copy of your marriage certificate from the jurisdiction where you first registered your marriage. This certificate will serve as proof of your marriage.

Apply for a fresh registration of your marriage in the jurisdiction where you have photographic proof of the marriage ceremony. You may need to fill out an application form and provide supporting documents, such as identity proof, address proof, and photographs.

Submit the application form and supporting documents to the marriage registrar's office in the jurisdiction where you are applying for registration.

The registrar will verify the documents and may conduct an interview with both partners to ensure that the marriage is valid.

Once the registrar is satisfied that all requirements have been met, he/she will issue a fresh marriage certificate.

Once you have obtained the fresh marriage certificate, you can use it as proof of your marriage for the visa process. It is important to note that you should inform the visa authorities that you have re-registered your marriage and provide them with the new marriage certificate.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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