11:00 – 19:00Very soon it’s going to be mandatory document, for including your spouse’s name in the ration card and no employer can offer a job to any married individual without verifying his/her marriage certificate.
These are some of the guidelines laid down by the Karnataka government in its draft legislation on making marriage registration compulsory in the state. The government has now sought the legal opinion of the National Law School of India University (NLSIU) before finalizing the legislation.
After Maharashtra and Kerala, Karnataka will be the third state to take this step. All this started was to curb the fake marriage bureaus involved in trafficking of women to Dubai or other countries in the name of marriage. What I have noticed while handling many a cases is absence of this vital document makes it very difficult to file a case against a groom who has troubled her bride, cases of women harassment or violence against women has become very high now a days, while there are many fake cases filed only to trouble the poor husbands but there are few genuine cases too where in the husbands and the lawyers at the other end start the argument stating this women is not married to the guy at all… what a pity… !
Thinking compensation is a farfetched there are instances where these girls can’t file an fir in the absence of an official document supporting their marriage in some cases…, few women organizations that I interact with also show their helplessness in taking any action in such cases where girls elope and then land in trouble in case of husbands running away or absconding after a period of time or instances where men have married to two girls… one in the community and the other where the girl has eloped there is no evidence to prove if there was a marriage done at all…
Violence or harassment cases apart… There are instances cases where girls cannot claim the property left behind by their husbands in case of his demise and the only reason being there is no evidence of their marriage being on records…. In case there is no evidence inform of any other document or videos or photographs which then need to be proved to be true in the court and by then months or years would have passed away…. I have seen instances where the woman becomes a widow; the family members of the husband simply disown the woman and excuse her of all rights to inherit any of the husband’s wealth.
The 1955 Hindu marriage act does not make it mandatory to register the marriage but section 8(2) has made provisions to the state government to make marriage registrations mandatory and so have Maharashtra and Kerala taken full advantage of this section and now hope Karnataka too walks this way.
People think it’s difficult to make this certificate… or many of them with whom I speak too tell it’s a time consuming process or there are grey areas which we are not aware on how to get the certificate done. There are two approaches that I suggest…
1. Approach a lawyer and he/she will facilitate and get this certificate done for you
2. Read the rest of the blog and you can do it on your own.
Here are the steps to get the certificate
a. Visit the nearest sub registrar office in your area of residence
b. You will find an application form either in the sub registrar office itself or just next to the sub registrar office there will be a Xerox shop where you can get this form. This is a green color paper form which cost you Rs. 10/-
c. Fill in the details in the form, if there is a name change of the bride after the marriage ensures you write the new name and not the old name which was printed on the wedding card.
d. You need this form to be signed by three Witness, could be your relatives or friends
e. Eight additional documents (Original and one Photocopy each of age, id, name change proof) required to be submitted with the form are as follows
I. 2B size six (6) Photographs of the couple with a blue or white background
II. One wedding photograph
III. One Wedding Card
IV. One Identity proof for both bride and groom (Pan Card or Voter ID etc…)
V. One Address proof of the husband,(Passport, DL, Tele Bill, Ration Card, Aadhar Card)
VI. Age Proof (10th Std. Marks card or Passport)
VII. Affidavit in case of name change of the bride after marriage
VIII. Photocopy of the newspaper where the name change info was published
f. After the form is filled you need to meet the desk clerk at the sub registrar office who will verify for the information and see if something is missing, he will then ask you to reach another window where a Data entry operator will fill in the information you have provided in the application from to the computer and provide you 6 printouts which you need to bring it back to the desk clerk.
g. The desk clerk will then ask his assistant to affix the 2B size photographs to the printouts and then will attest the photocopies and attach the wedding photograph, wedding card and other documents you provided to the application from.
h. You and your spouse need to sign on all the six printouts such a way where half of the signature appears on the photograph and the other half on the paper.
i. After this steps is completed, the clerk then asks the peon or his assistant to take the copies to the registrar and collect final stamp and sign.
j. The sub registrar’s office will retain four copies and hand over one copy of this document to you and one copy to your spouse.
k. Two original certificates are given one to the boy and one to the girl wishing them a happy married life and the clerk advices that they should hold this copy if they have to claim any stake or in case of any dispute that will need legal action, he also advices in case you have lost or misplaced the certificate please visit back to the sub registrar’s office and the needful be done.
l. There will be a fees collected by the sub registrar to complete the certification
Note: In case of Intercaste Marriage, or NRI Marriage, or Marriage between citizens of two different nationals the time taken to complete the process of fetching the marriage certificate is 30 days. Additional documentation and proofs are required depending on the country and religion ones comes from.
So friends … after reading this blog if you have any more questions or doubts you may wish to reach me on my mail id at mail@lawyersonia.com and I will reply back to you.
If any assistance from my end is required you may wish to fix an appointment with me and reach me at my residence or office.
Wish you a happy married life.
