• Error in marriage certificate

Hi,
I am in Australia, i m from India. I recently got married in India and I traveled back to Australia
Due to all rush i didn't noticed an error in my marriage certificate. they put marital status unmarried instead of divorced at pale of before marriage status . both me and my wife were divorced at time of our wedding.
question: 1.how do i correct this error without visiting india as going back india will be very costly.
2.what is a process to correct this mistake.
3.how much is cost to correct this error. 
4.do i need presences of same witness
Asked 2 years ago in Family Law
Religion: Sikh

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16 Answers

Make an application to registrar for rectifying mistake in marriage certificate 

 

2) enclose documentary evidence of your divorce 

 

3) execute POA in favour of family member to make application 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Please check how you had filled in the application at the Registrar's Office. Was there an option for 'divorced'? If there is no separate option in the application, there is no harm in stating 'unmarried' in the certificate.

Swaminathan Neelakantan
Advocate, Coimbatore
2936 Answers
20 Consultations

You will need to submit an affidavit and also the official fee is minimal but since its a government office so they take some charge to correct the error. Tell me about the city you got married in so that i can help you in better way possible. 

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

1.  First of all you have to know the details Brittney in the application for registering the marriage.

If you have not written the status properly then there is no point in objecting to this.

The time is given for rectifying the errors before the actual marriage certificate is printed out, hence any errors found after that may not be entertained by the marriage registrar until the error is on the side of the registration department.

 

2. You may have to submit an application with the details of the error and seek rectification on the basis of the documentary evidences in your possession.

3.  The cost can be enquired from the registrar's office

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Husband and wife can give GPA to their friend/relative in India. The GPA should be attested by official of Indian High Commissioner. The persons named in GPA can submit an application  to Registrar accompanied with affidavits seeking corrections. Such affidavits should also be attested by Indian High Commissioner. You can also approach Marriage Officer in the office of High Commissioner, he can also do the needful. Presence of witnesses is not required for correction of such error. 

Ravi Shinde
Advocate, Hyderabad
4267 Answers
42 Consultations

Dear Client,

You should apply to the Registrar where your marriage was registered in order to correct it. You have to file a rectification application and provide evidence to support the reason for the correction.

Thank You.

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

By appointing a advocate or POA

Depend on the actual status

Affidavit of witness will do

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

1. You both should write a letter to the marriage registrar pointing out the error in the marriage certificate issued by him.

 

2. Thereafter you should send the original certificate to your relative in India to meet the Registrar alongwith the original marriage certificate and deposit the same to him seeking issuance of the said certificate afres with correction.

 

2. Your relative should have an authority letter from you for colleting the corrected marriage certificate.

 

3.Your relative should follow up with the Registrar for the issuance of the corrected certificate and as soon as it is ready, he should collect it for sending to you.

 

4. No additional expenses should be charged on you since the error was not on account of yourself.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

Court marriage has the same procedure across India for updating the marriage certificate thus, it’s not a tedious task. There are online portals available that ensure hassle-free work, which does not require the presence of witness. However, 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, and a simple notarized affidavit is required to be submitted to the Registrar for correction in the certificate. File an updating 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 updated column will be mailed to your address mentioned in the application.

Abhiraj Jayant
Advocate, Delhi
50 Answers
1 Consultation

It would not affect her visa application 

 

you can seek phone consultation with any lawyer from website.obtain contact details from website 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

History prior to marriage will not be taken into consideration by immigration authority of Australia. What they see is only if all the documents are issued by competent authorities in India. Error on marriage certificate will not affect her visa chances.  

Ravi Shinde
Advocate, Hyderabad
4267 Answers
42 Consultations

You shall get the Visa for your wife but it will be based on the marriage certificate showing incorrect married status.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

It will affect if done like that. 


Dear Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

-  You can move a written application for correction in the marriage certificate before the same marriage registrar where your marriage was registered , and now there is online facility in all the major cities of India. 

- Further, furnish the correct details with the said application and the proof of divorce. 

- Further, you can also appoint POA to any relative or nearest one for the said work done in India. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Dear Client,

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.

Thanks.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

The Visa application would require authentication of the current marital status of the person who applies for visa, they won't look for the past history.

Your worries are unnecessary.

If you are all that concerned about this visa process due to the error in the marriage certificate with regard to the marital status, you can apply to the concerned marriage registrar seeking to rectify the marital status in the marriage registration certificate based on  your original application submitted before them. 

If you are really serious to contact and consult with any lawyer of this forum you can get the contact details available in this forum by just clicking against their names. 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

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