• Wrongly mentioned marital status while registering marriage

I was a divorcee and got remarried on nov 2017 in kerala. one of the husband relatives filed the form while submitting the application mentioned my martial status as "Single" as my husband status was "Single". Was not knowing that I need to submit divorce certificate at that time. Now I came to know that my husband relative filed the form with status as single.
Now I want to submit the divorce certificate and correct that mistake in the registration office.
Is it possible now? if so what is the process.
Do I face any legal issue on hiding the fact initially.
Sometimes my husband threatens me that he will put me on jail and will file a cheating case to get huge compensation from me? He is he financially broke and I have some property on my name so he is aiming on that. Please give a legal guidance
Asked 5 years ago in Family Law
Religion: Hindu

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10 Answers

Hello,

Yes the correction can be done.

You will have to visit the office of the registrar for the same.

Presence of your husband will also be required.

Get in touch with a local lawyer, who may help you in the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

after registration of your marriage you cannot change your application form

2) husband can file for annulment of marriage on grounds of fraud that you suppressed your earlier marriage

3) you can take defence that you have disclosed your earlier marriage to husband

4)rely upon messages , emails etc exchanged with husband before marriage

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

1. Your husband can at the most seek decree of divorce or seek annulment of of marriage for hiding the vital fact from him that you were married earlier. He can not seek compensation for that.

2. You can execute an affidavit before the 1st class Judicial Magistrate affirming that you were divorced before your second marriage which was inadvertently been written as single by the relative of your husband while filling up the form which is now required to be changed by the Registrar by making appropriate correction.

3. You should send a copy of the said affidavit to your husband.

4. If your husband cliams that you have suppressed the said fact from him before marrying him, he might get the decree of annulment or divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear client,

Nothing to panic. Is cant claim from u anything.

In which form , wrong status filled ?

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

You can file an application to the marriage registrar to cancel the marriage certificate issued to you as it was issued on the basis of inadvertently submitted wrong information and then apply for fresh registration of the marriage with correct information.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Mam meet the concerned registrar to amend the information in the Form with a Affidavit and the copy of judgement further husband can give consent to same further though such amendments are not permissible but the registrar can guide you a way out. Further you husband if there is no proof that such marriage was disclosed to him can seek a annulment on this ground though cannot claim anything in property,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Madam,

Be assured that nothing will happen. Since the application was not in your hand writing. So you can easily get it corrected as per Kerala Marriage Registration Rules. Approach the Registering Authority directly and get solution.

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Marriage registration in kerala

Statutory provisions available for the registration of marriages in Kerala state are:

Hindu Marriage Act,1955 and the Kerala Hindu Marriage Registration Rules,1957

( Applicable to Hindus, Buddhists, Jainas and Sikhs and registration done at the local government where marriage solemnization occurred)

Kerala Registration of Marriages (Common) Rules, 2008

(Applicable to all and registration done at the local government where marriage solemnization occurred)

Special Marriage Act, 1954 and the Kerala Special Marriage Rules, 1958

(Applicable to all and marriage solemnisation & registration or registration done before any Sub Registrar at the Sub Registrar Office of Registration Department)

THE KERALA REGISTRATION OF MARRIAGES (COMMON) RULES 2008

All marriages solemnized in the State after the commencement of these Rules shall compulsorily be registered irrespective of religion of the parties. Marriages are registered at panchayat/municipalities/corporation offices. Application has to be submitted within 45 days from the date of solemnization of marriage. There is prescribed form for filing application (Form No.1) which is available free of cost at the offices of the registrar. Parties to the marriages and two witnesses should be present at the time of registration. A registration fee of rupees one hundred shall be payable along with the submission of the memorandum for registration.(marriage certificate fee of Rs.20/- can also be paid at the time of registration. ie; total Rs.120/-). For SC/ST/BPL persons fee for registration will be Rs.10/-

Documents needed for registration:

1) Memorandum in duplicate in Form No. I along with one passport size photo each of husband and wife (Total three photos needed. Two photos for affixing in memorandum and one in marriage register )

(2)A copy of the certificate of marriage issued by the religious authority concerned or a declaration from a Gazetted Officer/Member of Parliament/Member of Legislative Assembly/Member of a Local Self Government Institutions in Form No. II

(3) Attested copy of S.S.L.C Book/passport/driving licence/extract of school admission register or other records issued by Government showing date of birth

Delay registration:

Marriages solemnized after the commencement of these Rules, in respect of which no memorandum is filed within the period of forty-five days and a period of one year has not expired from the date of such solemnization, may be registered subject to sub-rule (3) by the Local Registrar after imposing a fine of rupees one hundred. In such cases the memorandum shall be filed together with a declaration from a Gazetted Officer/Member of Parliament/Member of Legislative Assembly/Member of a Local Self Government Institutions in Form No. II appended to these Rules or with any other document to prove the solemnization of the marriage to the satisfaction of the Local Registrar.

Registration of marriages after one year:Marriages solemnized after the commencement of these Rules in respect of which no memorandum for registration is filed within one year of its solemnization and marriages solemnized before the commencement of these Rules in respect of which no memorandum for registration was filed before the expiry of [deleted] shall subject to sub-rule (3) of Rule 9, be registered, by the Local Registrar with the permission of the Deputy director of panchayat and on payment of a fine of rupees two hundred and fifty. In such cases also the memorandum shall be filed together with a declaration from a Gazetted Officer/Member of Parliament/Member of Legislative Assembly/Member of Local Self Government Institutions in Form No. II appended to these Rules.

Common Marriage Registrations - Furnishing of application using web service

Important Notice:-

As regards any matter mentioned in these notes, the Kerala Registration of Marriages (Common) Rules 2008 and amendments there on with directions from appropriate authorities issued from time to time are final and binding.

General Information

1. Under the Kerala Registration of Marriages (common) Rules 2008, registration of marriages became mandatory, for the marriages which was solemnized since 29.02.2008. Accordingly all the Grama Panchayats, Municipalities, Corporations and Kannur Cantonment are designated as registration units and are carrying out registration as per the said rules

2. Marriages are to be registered in the respective Grama Panchayat, Municipality or Corporation where the marriage is solemnised. For this purpose, the parties to a marriage shall prepare a memorandum in duplicate in FORM I and submit the same to the concerned local body with the prescribed fee of ten rupees for BPL, SC/ST and one hundred for others. The memorandum should be signed by both parties to the marriage along with two persons as witnesses. The form should be accompanied by copy of the certificate to prove age, marriage solemnisation etc.

3. If the application is submitted after 45 days of solemnisation and within one year of marriage, a certificate in Form II with a fine of rupees one hundred should also be remitted. If submitted after one year, the application should be accompanied by a fine of rupees two hundred and fifty. In cases of delayed applications submitted after one year of solemnisation, the registration will be done only after getting condonation from Registrar General (Deputy Director of Panchayat) of the concerned District.

4. The following Documents are to be submitted along with Form 1:-

i. Attested copy of the certificate to prove age of husband

ii. Attested copy of the certificate to prove age of wife

iii. Copy of the certificate from auditorium or marriage place / religious authority concerned or a declaration in form II from a MP/MLA/Gazetted officer/ Member of Local Self Government Institution, regarding solemnization of marriages.

iv. Marriage invitation letter (optional)

v. Form 2 certified by a Gazetted officer or elected representatives or any other proof of solemnisation of marriage to the satisfaction of Local Registrar/Registrar General in case of delayed applications

vi. For age proof documents such as SSLC book, driving license, Passport, School admission register, or other records issued by Government will be accepted.

5. The husband and wife should appear personally before the Registrar and sign in the marriage Register. A fee of Rupees 10 is to be paid for getting marriage certificate

6. The present process of marriage registration is time consuming, as the registration officials have to enter all the required details in form 1 electronically. (Form III register manually where no electronic registration is done )

7. To ease out the time consuming process, Information Kerala Mission had developed a module in the Civil Registration (Common Marriage) application software for e-furnishing application of marriage registration form (Form I) under common marriage rules.

8. By utilising this facility, an electronic copy of Form 1 can be submitted through web alongwith uploaded scanned photos for registration of marriages under the Kerala Registration of Marriages (common) Rules 2008.

9. This can be done only in the Local bodies where the following facilities are available :-

i. Registration under Common Marriage rules are carried out using Sevana Civil Registration (Common Marriage) application software.

ii. Local bodies established KSWAN or BSNL-VPN connectivity.

iii. Birth, Death and Marriage data is maintained, uploaded and updated regularly to the State Data Centre.

iv. The local bodies who have updated the Masters.

Important Notice:-

v. The e-furnishing of data will not be considered as the statutory filing of memorandum for marriage registration as prescribed in the rule.

vi. As per the existing rule, the husband and wife should appear before the registrar for signing for registration of the marriage.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

This is all rubbish your husband cannot do anything even your marital status is mentioned as single Hindi application form it is very easy you can file an affidavit for correction that it was mentioned wrongly and should be corrected the registrar of marriages

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

It may not be possible to rectify the mistake in the marriage certificate, however you can submit an application to the marriage registrar mentioning the mistake which took place due to oversight and seek to rectify the previous application by enclosing the copy of the divorce decree and change your marital status as divorcee.

If the registrar is rejecting the application, ask him to give his reason endorsed in the application or by a separate letter and secure them and remain silent about it, there is no provision for any penal action for this error.

Or, you can just ignore all these and remain silent because it is not a crime.

This can be disputed by your spouse in any marital dispute that may arise at a later stage however this fact is not material for the subsequent marriage.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Dear Madam,

After getting marriage certificate,it is very difficult to make any correction or alteration in marriage certificate.

Once registered, the registration officer has no power to make any correction or alteration.After registration, your certificate will be uploaded in Govt. website.So you have read the draft very carefully.

if you want to make any correction or alteration in marriage certificate.

there is a separate section is functioning in Inspector General of Registration Office. You have to give application to make correction.they will pass suitable order for making correction.Thereafter the Marriage registrar will make correction or alteration in marriage certificate.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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