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  • leadindia836
    • Feb 1, 2023
    • 3 min read

What To Do If We Get A Wrong Marriage Certificate?

A marriage certificate is a crucial document since it serves as documentation in situations where it is needed, such as when applying for a passport or opening a bank account under a new surname. The Supreme Court of India ruled in 2006 that marriage registration and obtaining a marriage certificate were requirements.

Certain advantages come with marriage registration, and it also protects women's rights. A certification of the same is evidence that a couple is married. Marriage is registered under the Hindu Marriage Act, 1955, or under the Special Marriage Act, 1954. Both the bride and the groom must be of legal age 21 for the groom and 18 for the bride in order to get a marriage license.

The chaos of a wedding can occasionally result in information being omitted from or incorrectly stated on a marriage certificate. Therefore, a double check should be made before applying for the certificate in order to ensure the same.

Before finishing the certificate, the registrar's office shows the couple the draught of the marriage certificate that will be recorded. In order to ensure that no more paperwork is required, proper attention should be made before concluding the same.

Republic Act 9048:

By submitting a petition for the correction of clerical error in accordance with Republic Act 9048, you could make changes to errors on your marriage certificate. By virtue of this statute, clerical or typographical errors in a civil record document may be corrected by the consul general or the city or municipal civil registrar. Any alterations or edits to a civil register document required a judicial order prior to the passage of this law.

You cannot simply request that any information in your civil registry document be changed from the city, municipal, or consul general. Entries that are often subject to revision or correction have to be clerical or typographical. Mistakes made while typing, writing, transcribing, or copying an entry in the civil register are mentioned in Section 2 of Republic Act 10172.

Errors in a person's name, gender, birthplace, or birthdate are a few instances. Typographical errors include errors in the marriage date and location. As a result, you may submit a petition for the rectification of clerical error in accordance with RA 9048 to ask for corrections.

Procedure:

  • Error in Marriage Certificate: A simple notarized affidavit must be presented to the Registrar for correction in the certificate if you have written your married name on the document and some other details need to be corrected.

  • Change of Name on Marriage Certificate: If the name on the marriage certificate is what it was before the marriage, and the title has not been changed, the name can be changed by filing a notarized document stating that the intention is to change the name after the marriage. Once a Demand Draft and the necessary change fee are submitted to the registrar, a new certificate will be issued.

  • When a marriage certificate includes a married title, a name change application must be published in the official gazette.

1. Submit a name change form along with a copy of the marriage liscence and the required filing fee.

2. A receipt will be issued by the appropriate officer in relation to the application.

3. Once this has been completed, 4 copies of the gazette including the information from your application and your new name will be mailed to the address specified in the application.

The entire process usually takes between 15 and 20 days. It is advised that the local newspaper publish the new name. It is important to keep in mind that all the information on the marriage certificate must be accurate and true to the best of your knowledge, as any discrepancy could result in the couple's application for benefits like life insurance returns or bank deposits in the event of a spouse's passing being denied. The rights of the spouse outside of India are recognized on the marriage certificate as well.

court marriage lawyer in bandra can be consulted if the court marriage is done in Bandra. Likewise, if the court marriage is done in Noida then court marriage lawyer in Noida can be consulted. court marriage lawyer in Ahmedabad can also be consulted if the court marriage is done in Ahmadabad.

You can also contact Lead India and take suggestion. While obtaining free legal advice, you may ask a legal question. Moreover, talk to a lawyer to seek best assistance.

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