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Marriage Certificate Query - ADR

DJSHO

DJSHO

Full Member
May 1, 2018
48
49
NOC Code......
2171
Hi All,

My marriage was registered in 2014 in India under the Special Marriage Act of 1954 and I was issued a Marriage Certificate as per Schedule IV.

The certificate's wording is exactly same as that of Schedule IV of the act.

"I, E.F.hereby certify that on the day Of 20

A.B.and C.D.* { * Herein give particulars of the parties} before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations of required by section 11 and that a marriage under this Act was the solemnized between them in my presence

(S.d) E.F., Marriage Officer for
(S.d) A.B., Bridegroom
(S.d) C.D., Bride

Dated the day of 20 "

I have now received an ADR with the following comment:
"The marriage certificate you have provided only indicates the ceremony was solemnized. Please provide a marriage certificate that indicates a date of registration."

My concern is that my document is issued from the Registrar's office and as per the legal format specified in the marriage act. What should I be doing now?

Should I upload the same document along with the Marriage Act copy and a letter of explanation of the Act and the link to my Marriage Certificate and the act?

Need help on this. Deadline for submission is 25-May-2018..

Any help from members who had a similar experience or senior members like @DelPiero07 and @legalfalcon would be much appreciated.

Thank you in advance!!
 
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U

us2can

Newbie
Dec 24, 2018
9
0
Hi @DJSHO, could you throw some light on what you eventually did as I am also facing a similar situation. Appreciate your response. Thanks
 
sgrv

sgrv

Star Member
Sep 11, 2018
178
74
@DJSHO Please do let us know how you resolved this situation.

@us2can have you received the same ADR? I haven't, not yet, but I have the same wording in my marriage certificate which was issued under the same Act.
 
U

us2can

Newbie
Dec 24, 2018
9
0
@sgrv I haven't received an ADR, but have a similar situation in marriage certificate date having only one date , which is of registration and not actuall marriage date. I have used my actual date of marriage everywhere before this (in various non-canadian visa applications, Indian documents, passports, as well as my Canadian work permit.) So don't want to use a new date now for PR only.
 
D

Dib@01

Newbie
Jul 22, 2019
4
0
DJSHO said:
Hi All,

My marriage was registered in 2014 in India under the Special Marriage Act of 1954 and I was issued a Marriage Certificate as per Schedule IV.

The certificate's wording is exactly same as that of Schedule IV of the act.

"I, E.F.hereby certify that on the day Of 20

A.B.and C.D.* { * Herein give particulars of the parties} before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations of required by section 11 and that a marriage under this Act was the solemnized between them in my presence

(S.d) E.F., Marriage Officer for
(S.d) A.B., Bridegroom
(S.d) C.D., Bride

Dated the day of 20 "

I have now received an ADR with the following comment:
"The marriage certificate you have provided only indicates the ceremony was solemnized. Please provide a marriage certificate that indicates a date of registration."

My concern is that my document is issued from the Registrar's office and as per the legal format specified in the marriage act. What should I be doing now?

Should I upload the same document along with the Marriage Act copy and a letter of explanation of the Act and the link to my Marriage Certificate and the act?

Need help on this. Deadline for submission is 25-May-2018..

Any help from members who had a similar experience or senior members like @DelPiero07 and @legalfalcon would be much appreciated.

Thank you in advance!!
Click to expand...
We got the same ADR request, can you please let us know how you dealt with it?

Thanks in advance!
 
DJSHO

DJSHO

Full Member
May 1, 2018
48
49
NOC Code......
2171
Hey guys,

Sorry for the late response. I didn't get any message when being quoted and couldn't notice this, since I'm not actively monitoring this thread.

I had detailed the process out in this thread and surprised that my post is missing.

Essentially I did this - I sent a response to them with a detailed response with snippets from the actual marriage act (mentioning the exact Act number and the Appendix) and showed that the wording is exactly same in my marriage certificate. I also included the link to the actual Special Marriage act for their reference.

Hope this helps!!
 
DJSHO

DJSHO

Full Member
May 1, 2018
48
49
NOC Code......
2171
Here's the verbatim response I sent to them:

Dear Officer,

Attached to this letter is the scanned copy of my Original Certificate of Marriage that is issued under the Special Marriage Act, 1954 enacted by the Indian Parliament.

This Act covers marriage between two individuals of Indian Nationality who do not conform to the same faith or religion.

Under the Special Marriage Act, the parties have to

  • File a Notice of Intended Marriage to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given. (Section 5)
  • After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been objected to by any person. (Sections 6, 7, 8 ,9 and 10)
  • Unlike religious marriages in India, where the marriage is solemnized at a religious place, and then registered with the authorities, under the Special Marriage Act, the solemnization and registration happen at the same time at the registrar's office. (Sections 12 and 13)
Here’s a brief extract from Section 13 of the Act, which is referred to in the Marriage Certificate attached:

“13. Certificate of marriage.-(1) When the marriage has been solemnized the Marriage Officer shall enter a certificate thereof in the Form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.”

The above section talks about entering the details of the marriage in a Marriage Certificate Book, thereby indicating the act of registering the Marriage.

Also, as per the above Section, the Marriage Officer has issued the certificate to us, as specified in The Fourth Schedule of the Act and that the certificate issued is deemed as conclusive evidence that the marriage has taken place and registered.

I have herewith attached a copy of the Special Marriage Act, 1954 for your reference. It can be seen that the Certificate of Marriage, that has been issued to me and that I have produced as proof of marriage, has the exact same wordings as specified in The Fourth Schedule of Section 13 of the Act, which indicates that the Marriage is registered in the Marriage Certificate Book.

I request you to consider this valid legal document as Proof of Marriage for my Permanent Residence application.

Thank You!

Sincerely,



FULL NAME


Attachments:

  1. Certificate of Marriage
  2. Copy of Special Marriage Act, 1954
  3. Passport Biographical page with Spouse name included
 
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