• Certificate of No Impediment

Hello Sir

We need a certificate of No Impediment as we are gettting married outside my country which is Denmark but we will get married (court marriage) in Sweden. 

What they need from my hubby is a Certificate of No Impediment. We are very frustrated about where to get this in India. 

Can you please let me know as SOON as possible what this includes and where to get it from and what it contains?

Please Sir do help me. We have tried to call many places and talked to people in India but they don't get what it contains.

Sincerely,
Navdeep
Asked 5 months ago in Family Law from Denmark
Religion: Sikh
In India only one state that gives the certificate is Punjab State.
But that state will give certificate to the people belonging to that state alone.
No other authority whether local administration or other authorities are empowered in law to issue such a certificate to the Indian citizen.
The laws of some countries require that, before a foreigner may marry within their jurisdiction, he/she must produce a certificate issued by the relevant authority of the country of which he/she is a national, stating that the authority does not know of any impediment to the marriage.  However ministry of external affairs state that this certificate should be obtained from court. 
Nomenclature of the certificate issued in India  is generally called as 'No objection certificate' or bachelorhood certificate.
Since the power to declare any legal rights is vested in the competent courts in India, the applicant is advised to contact such concerned court authorities at the place of normal residence.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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1. There is no provision in India to issue a no impediment certificate. Neither any authority in India nor Indian Missions/posts abroad can issue Bachelorhood Certificate or Certificate of No Impediment in respect of any Indian National.

2. The only remedy is to file a civil suit for declaration of being unmarried in the competent civil court. The civil court alone is competent to issue such a declaration. The entire process is likely to take 6 months in the least. 
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
There is nothing called ' No impediment' certificate available in India.
It appears it is required in the foreign state where only it will be available. 
You may ask whether any affidaivt dedicating that he is fit and unmarried to get you married will do or not.
Else I regret it can not be amide available from India.
Devajyoti Barman
Advocate, Kolkata
5227 Answers
54 Consultations
4.9 on 5.0
1) indian missions abroad cannot issue bachelorhood  certificate of any indian national 

2) you will have to obtain orders from court in this regard in india wherein you are permanently residing 

3) the power to declare any legal rights to  indian citizen is vested with courts 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
1) you can file RTI application in this regard with Ministry of external Affairs / High commission / Embassy abroad 

2) in reply to RTI application you would be informed to obtain court orders from place wherein you are permanently residing 

3) there is no procedure for issue of certificate of no Impediment by Govt of India or embassies 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
No Impediment Certificate is certificate of marital status which some countries require at the time of registration of a marriage. To avoid bigamy a status certificate of 'single ' is required. In India, a certificate is not issued by any authority but courts of competent jurisdiction can pass a decree of declaration regarding status of the applicant. You have to file a petition in the Court where your husband generally resided in India. It may take sometime before a decree is passed on the petition. There is no shortcut procedure in this regard.   
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
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1. The said 'Certificate of No Impediment' is not required in India for marriage for which there is no specific body to use the same,

2. Your hubby can make an affidavit before the 1st class Judicial Magistrate affirming that he has no  impediment. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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