You and your wife solemnized a court marriage in Delhi in 2017, and the authorities issued and registered the marriage certificate there. At that time, all her official documents reflected her maiden name – Heena Saini, so the certificate carries the same name.
After your marriage, your wife legally changed her name to Priya Sharma through a Gazette Notification, and she updated her name in all major documents, including Passport, Aadhaar, and PAN.
You are now applying for a UAE dependent visa for her. The UAE immigration authorities are insisting that her name in the marriage certificate match exactly with her current passport, i.e., “Priya Sharma”.
You inquired with Delhi authorities and several lawyers, but they informed you that you cannot alter the name in the already issued marriage certificate. A local agent suggested registering a new marriage certificate in another state, like Ghaziabad (U.P.), using the changed name and a new venue.
- LEGAL POSITION
- You cannot legally register the same marriage again in another state
Indian law prohibits re-registering an already registered marriage. If you attempt to register a new certificate in a different state with a fabricated venue or altered details, you would commit the following offences:
Providing false information to a public authority – Section 177 IPC
Forgery and use of forged documents – Sections 465, 468, 471 IPC
Falsification of public records – Section 196 IPC
The law requires you to register a marriage at the place of solemnization or at the place of residence of either party under the Hindu Marriage Act or Special Marriage Act.
You must avoid creating a second certificate with altered facts. Doing so would amount to fraud and may attract criminal prosecution.
- Your original Delhi marriage certificate remains valid
Marriage certificates reflect the names of parties at the time of marriage. The Gazette Notification legally establishes that Heena Saini and Priya Sharma are the same person. Your wife's name change does not invalidate the marriage certificate. She has already updated her official identity with the government through proper channels.
III. LEGAL SOULTIONS AS ASKED:
✅ Option A: Submit Gazette Notification and Supporting Affidavit with Visa Application
You can compile a complete set of documents to prove the name change and identity continuity:
The original marriage certificate (Delhi) showing “Heena Saini”
The Gazette Notification of name change
A notarized affidavit by your wife affirming that she changed her name to “Priya Sharma”
A cover letter explaining the sequence of events
Her updated passport, Aadhaar, and PAN cards
You should get these documents attested by the Ministry of External Affairs (MEA) and the UAE Embassy. Most foreign authorities accept these documents if they are legally authenticated.
✅ Option B: Obtain a “One and the Same Person” Certificate
Your wife can apply for a “One and the Same Person” affidavit or certificate from the SDM or Tehsildar, stating that Heena Saini and Priya Sharma refer to the same individual. Attach this document along with her visa application. This certificate acts as a legal bridge between the old and new name.
✅ Option C: Request Marginal Annotation (if Delhi permits)
You can file a written representation before the Sub-Divisional Magistrate (SDM) or Registrar in Delhi, requesting a marginal note or endorsement in the marriage register to reflect the name change. While not all jurisdictions allow this, you can attempt it through a formal application or RTI.
- CONCLUSION
Issue Legal Response
Can you re-register your marriage in another state?
No. That would be illegal and could invite criminal liability.
Is the original Delhi marriage certificate valid?
Yes. It records the correct name at the time of marriage.
Can you update the name officially in the certificate?
No. But you can prove the change through legal documents.
What should you do?
Use Gazette Notification + affidavit + “One and Same Person” certificate, and get all documents attested.
ADVISE AS FOLLOWS TO YOU:
Do not follow the agent’s advice to obtain a new certificate in Ghaziabad. That route is illegal and unsafe.
Instead, compile all relevant documents (marriage certificate, gazette, affidavit, IDs), and get them authenticated by MEA and UAE Embassy.
You can also submit a formal affidavit or certificate explaining the name change and continuity.
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