Marital status when not registered but ceremony has taken place
I am Indian, male from Tamil Nadu.
I'm married a Portuguese girl in India according to Hindu customs 3 years ago .
(I met her in Germany while I was living there, now for a year I am living in Austria).
We did not however register our marriage neither in India nor anywhere in EU?
We have now parted ways, about a year ago mutually.
Now I want to marry another woman (non-Indian) for which I need to bring a certificate of my marital eligibility.
So the question is what is my 'marital status' in India. If single, how can I get a certificate that I am Single in Tamil Nadu
Asked in Civil Law from Austria
There is no such system or law to give a single status certificate in Tamilnadu.
In fact one can get a certificate in Delhi or Punjab State in a format prepared by himself/herself and get it attested by appropriate department/official.
Single status affidavit India format Certificates is the act of witnessing an individual on its own status, certificate by authorized person / persons / Departments / Attestation powers that be with their official seal and signature. This attestation as well confirms that, the particular Single status certificate has been issued by that department and Seal and signature on that certifying Single status certificate is genuine.
First of all your marriage with a Portuguese girl cannot be registered under Hindu marriage act though the marriage might have been solemnised as per Hindu religious rites. It can be registered under The Special Marriages Act only and for that lot of formalities are to be observed.
You have stated that you parted ways mutually then what about the so called marriage solemnised between you both?
A single status affidavit is a sworn statement that you are eligible to marry which is also known as the “Certificate of No Record”
Single status affidavit India format Certificates is the act of witnessing a on its own status certificate by authorized person / persons
You can get unmarried certificate by filling an application form, Attestation required for getting the Married in Foreign Countries. You may refer the above paragraph for the details.
The omission to register the marriage does not affect the legal validity of marriage. If you have obtained divorce with mutual consent from her then you are at liberty to marry any woman. Your marital status in India is 'divorcee'. The decree passed by the court is sufficient. No authority in India will issue a certificate of your marital status.
Hi, without getting the divorce in India you can't marry a second wife and it will become offence in India and your martial status was married.
2.So you have to take divorce and thereafter you can proceed for second marriage.
Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place. In case a marriage between an Indian and a foreign national is to take place in India, the marriage r has to solemnize under the Special Marriage Act of 1954.
We did not however register our marriage neither in India nor anywhere in EU? So your status is Single. You living with foreign lady consider only in live-in relationships .Never disclose your previous marriage to any one and any where .So no need for a certificate at this juncture.
1) did the girl convert to Hinduism?
2) you could have married her as per Hindu customs only if she has converted to Hinduism
3) for valid Hindu marriage both parties have to be Hindus .
4) if your wife has converted to Hinduism you are legally married and cannot remarry during subsistence of earlier marriage
5)you need a divorce decree from court to remarry
1) No registration is mandatory for a marriage to be valid.Your Hindu marriage as per Hindu rites and rituals is a valid one and by virtue of the same you are not single but married.
2) You have to therefore file for divorce and obtain a decree of divorce.If you still have access to your wife you can file for a divorce by mutual consent either in India or in the EU.It wouldn't take more than six months for the divorce to be granted.
3) It would be incorrect to seek a certificate of singlehood under circumstances as this may land you in legal trouble later on.
1. Your status is 'Married' since you have married as per Hindu customs in India though you have not registered your marriage ,
2. You should trace out your wife and file a Mutual Consent divorce petition which will be decide in your favour within 6 & 1/2 months after its filing.In case of MCD, both of you shall have to appear before the Court on the final day to confirm that yiu still want divorce,
3. If you can not convince her to come to India for nce, then file a Divorce Suit in India and let the Court end her summons to ttend the Court,
4. If she fails and/or refuses to appear before the Court then the suit will be decided in your favour Ex-Parte. This procedure will take little longer time than MCD.