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Marriage certificate is a legal document that defines your marriage. It gives it recognition in the eyes of the law. It is the official document in India that states that 2 people are married. It is important to ensure that the details in the marriage certificate are correct as this document is used to avail of legal rights and remedies. Marriage Certificate is basically the validation of proof of the marital status of an individual. The certificate is an important document when the name change takes place because it is in the marriage certificate that the changed name is entered first. A marriage certificate is a responsible and evident proof of a person’s name change. The marriage certificate changes the name of the individual.
A marriage certificate is a very important piece of document as it works as a proof in certain places, like application for a passport or opening of a bank account with a new surname. Registration of marriage and obtaining marriage certificate has been declared compulsory by the Supreme Court of India in the year 2006. Registration of marriage entails certain benefits and also safeguards the rights of women. Marriage is registered under Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954 and certification of the same is the proof that a couple is married. To obtain a marriage certificate the bride and the groom must be of legal age i.e. 21 years of age for the groom and 18 years for the bride.
Sometimes during the ruckus which goes on in a wedding, there can be details left out or misprinted in a marriage certificate. Therefore in order to ensure the same, a double-check should be done while filing for the certificate. The marriage certificate draft which is going to be registered is shown to the couple by the office of the registrar before finalizing the certificate. Proper care should be taken while finalizing the same to ensure no further paperwork will be needed.
To avoid any extra paperwork, the first form which is filled with the registrar should be with proper details. If in case the certificate which is issued has certain discrepancies the same can be taken up by the office of the registrar by a simple application. After the certificate is delivered, the clerical mistakes can be rectified by an application to the office of the marriage registrar. The application must be submitted with the relevant document for correction in the certificate. Such menial mistakes can be corrected by the issuance of a fresh certificate with updated details. A certain sum of money may be applicable in case of change or update in the information in the certificate. Although if it is a clerical mistake then there shall not be any fees levied.
Marriage certificate name change is an essential element which ensures that the married individual has taken up the spousal surname. Before going on with the application for name change it is important that you check-up with the local registrar and their procedure. Different states have different procedures with respect to obtaining a Marriage Certificate apart from the court marriage procedure as court marriage have the same procedure across India for updating the marriage certificate or name change. There are online portals available that ensure hassle-free work but it is limited to certain states. If any change is required to be made in a marriage certificate, the application which is to be made shall be made along with a valid proof of the same. For example, a change in address or correction in date of birth application shall be accompanied with a valid proof-like 10th pass certificate or Aadhar card.
Following are certain ways whereby you can update your marriage certificate or get your name changed:
Error in Marriage Certificate: In case you’ve written your married name on the certificate and some other details need to be changed, a simple notarized affidavit is required to be submitted to the Registrar for correction in the certificate.
Change of Name in Marriage Certificate: If the marriage certificate contains the name prior to marriage i.e. the title has not been changed then the change of name can take place by a notarized affidavit declaring their intention to change the name after marriage. the registrar shall issue a fresh certificate after submission of a Demand Draft along with the required fee for the change.
Change of Name with marriage certificate: In cases where the marriage certificate contains married title, the name can be changed with application in the government gazette.
File a name change form, attach a copy of the marriage certificate and pay the fee as prescribed for the procedure.
The concerned officer will issue a receipt against the application
Once the same is done 4 copies of the gazette carrying your application details and changed name will be mailed to the address mentioned in the application.
The whole procedure takes an average of 15-20 days. It is suggested that the changed name be published in the local newspaper.
It is to be kept in mind that all the details which are mentioned in the marriage certificate are true and to the best of your knowledge as any discrepancy can lead to rejection in the claim of the couple to avail benefits like life insurance return or bank deposits in case of death of the spouse. Marriage certificate recognise the rights of the spouse outside India as well. For example, the foreign embassies in India as well as in countries outside India, do not recognize traditional marriages, therefore the certification of marriage is mandatory for the couple to travel abroad using a spouse visa. The fee for the same is stated at the time of registration and the presence of witness is also recorded. Therefore at the time of marriage, the couple is required to be extra careful while filing for the Marriage Certificate.
Written by: Anmol Srivastava