inform the embassy that once marriage has been registered there is no provision in law to re register the marriage .
marriage registration certificate cannot be issued twice
Marriage certificate for German visa
Me and my wife got married at an arya samajh temple in 2023 and subsequently registered our marriage in the court in 2023. However we did not collect enough picture evidence of the hindu rituals being performed therefore when I applied for a german dependent visa for my wife, her visa got rejected as the german embassy could not prove that our marriage was performed according to the hindu marriage act. Now in January 2024, we decided to throw a large indian wedding with all the necessary hindu rituals being perfomed and all the necessary evidence gathered. I reapplied for my wifes dependent visa, however now the german embassy wants a new marriage certificate (with the date of the new marriage in 2024). I am aware that we cannot re-register our marriage. What should I do in this case ?
Asked 1 year ago in Family Law
Religion: Hindu
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10 Answers
The German authorities are right that a Hindu marriage performed without following the marriage rituals, cannot be considered as a valid marriage.
Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be 'solemnised'. If the marriage is not a valid marriage ...it is not a marriage in the eyes of law. The 'saptapadi' ceremony under the Hindu law is one of the essential ingredients to constitute a valid marriage.
The Allahabad High Court has upheld that a Hindu marriage is invalid without the 'Saptapadi' ceremony and other rituals,
However the marriage registered cannot be cancelled .
The marriage will stand dissolved by a decree of divorce pronounced by court.
The subsequent marriage solemnised following the rituals can be registered
- Since, your marriage was performed at Arya samaj Temple , then you can produce the said certificate which have photographs affixed on it before the embassy.
- Further, once the marriage is already registered then it cannot be cancelled and registered on a new date .
- You can apply for the correction of the date of marriage before the marriage registrar on the ground that the earlier date was given mistakenly. However , before apply , you should contact the registrar for the same.
A new marriage certificate cannot be issued for second marriage as stated above only one registration certificate can be issued
Dear client,
In India, a marriage cannot be re-registered on a different date once it has been registered. However, you can think about having a symbolic or religious ceremony to renew your commitment to each other in order to satisfy the German embassy's requirement for a fresh marriage certificate with the 2024 date. All the necessary Hindu rites should be performed during this ceremony, just as they were during your Arya Samaj marriage. This ceremony can be used to receive a certificate from the priest or the Arya Samaj temple acknowledging the ceremonies conducted, even though it won't have legal standing. The German embassy might then get this certificate as further proof of the marriage celebration on the intended date. To further explain the initial lack of photographic evidence, you can also present paperwork from the Arya Samaj temple or a priest attesting to the legitimacy of the ceremonies carried out during the 2023 marriage.
Hope this helps you.
Looks like your marriage is registered. If so then it is not clear why you are nor producing such certificate or why the German embassy is not accpeting it.
Marriage certificate is proof of marriage and once it is produced previous marriage rituals need not be shown/proved.
What are the consequences of registering our marriage in a different state and obtaining a second marriage certificate of the same marriage? Please advice, thanks!
Asked 1 year ago
Registration in another state can be done if you are residing in said state or marriage was solemnised in said state
If it is found to be fraud then the subsequent registration will become null and void.
Dear client,
It is not advisable to register a marriage in another state and receive a second certificate for the same marriage, as this could result in legal issues. The Registration of Births and Deaths Act, 1969 governs marriage registration in India. The Act's Section 15 highlights the need for a marriage to be officially registered in the location of the ceremony. The Indian Penal Code, specifically Section 420 concerning deception and Section 494 concerning bigamy, may deem the creation of a second marriage certificate to be fraudulent and impose penalties. Legal guidelines for marriage registration are outlined in the Hindu Marriage Act of 1955 and the Registration of Births and Deaths Act. Respecting the laws of the state in which the marriage occurred is necessary to keep the marriage certificate legitimate and prevent legal issues.
Hope this helps you.
It’s an illegal thing as you have to declare your earlier registration