About marriage certificate

@ Author,

1. The marriage certificate is perfectly all right. Marriage Registrar will put names as per documents submitted before him. He has no clue if she wants / have changed her surname and adopted husband’s name or is known b y any other name !

2. Ask her if she really wants to change her maiden name now to married name keeping in view future complications in public documents and or law [least later she legate you that you forced her to change her maiden name in some Complaint under family law J ]

3. If she is very clear and accepts maiden name change from Mansi Goel to Mansi Avasthi then follow these processes;

A joint Notarised Affidavit as a declaration made by you and your wife on stamp paper, signed by a Magistrate or a Notary. The declaration states that her maiden name was so and so at the time of her marriage and now wish to change it to so and so. That is by virtue of her marriage she shall be known by this so and so name. The affidavit also carries a joint photograph of your and your wife. She gives a Name Change National Newspaper Advertisement with this Affidavit and retains the original Advertisement and in future wherever she wants to change her name she can do that.

However, submitting a Notarised Affidavit and or Newspaper Advertisement can be a tedious and expensive affair every time her new name has to be recorded in any of the public documents. More so when the concerned departments / officials ask for the original Affidavit each time so every time she has to run to an Notary or Magistrate to get one done !

To make her life simpler get her marriage name registered by way of a State Government Gazette Notification. Print the annexed name change form and fill in the details correctly. Attach a copy of your marriage certificate and pay a nominal fee and get name change Gazette Notified. Ask for free copy of the Gazette and place order for few spare copies with same Department.

Now where ever she wants her marriage name to appear she has to submit this Gazette Notification and her new name will appear as "Mansi Avasthi" if that is what you are worried about and asking us.


Hope above Igyan helped the cause title in this query J

Dear Mr. Tajobs,

OK, so does that mean by logic or by law, wife's maiden name should appear on the marriage certificate? and if wife wants to have her changed name mentioned on the certificate then the process mentioned by you has to be followed?

Now, sir my real question, can the marriage certificate be declared/considered void if above procedure is not followed and marriage certificate mentions, "marriage of Mr. Suresh Avasthi and Mrs. Mansi Avasthi". What is the legal and official status of such a marriage. Specially, if only marriage certificate mentions her has Mrs. Mansi Avasthi . while in all her other documents like passport she has still been using "Mansi Goel". 

"Mr Suresh Avasthi and Mrs Mansi Goel" or "Mr. Suresh Avasthi and Mrs Mansi Avasthi". which one is correct in eyes of law.. ? name change procedure as mentioed by you in not follwed.

Thanks,

desertedhusband

In family war of roses fight on 'real allegations/ grounds' and not on imaginary (untenable) allegations / grounds you will end up wasting your youth.

Now above smiley placement reasoning i'm giving:-

Hindsight I knew you will rebound with above untenable question that is why I hinted what I wanted to hint in my above reply para 2 (re-read it again) for your upper faculty to work. But it churned in negative ways which one can make out by your above rebound question to us.


Point here I am making is fight family law suit matter(s) wild allegations in constructive ways. Forget Marriage Certificate - it is perfectly all right. BTW you were also instrumental in presenting joint statement before Marriage Registrar on date of certification hai ki nahi J

Bottom line conserve bandwiddth of free forum with meaningful legal questions not make it a forum for fishing enquires.

[Bhaisahib ghar mei biwi nahi hai aab uska surname le ke kya karogey aap ?]

Did you get it now!

Roger Sir...! :) 

I got it ...

@tajobsindia.

[bhaisaab mujhe uska sir name nahin chahiye...woh mera surname istemaal kar rahi hai har jagah jabki mere saath bhi nahi hai, yahi toh problem hai] 

I came to know that a marriage is not considered legal if it is not registered ... 

what is the role of a marriage certificate in divorce proceeding ... ? In what circumstances and how a marriage certificate can be considered incorrect/void?

@ Author,


To your third question here is parting Igyan;


1. The Hon`ble SC vide its judgment dated 14 – 02 - 2006 in Seema Vs. Ashwani Kumar (AIR 2006 SC 1158) has directed the State Governments and the Central Government that marriages of all persons who are citizens of India belonging to various religious denominations should be made compulsorily registerable in their respective States where such marriages are solemnized and inter alia directing that as and when the Central Government enacts a comprehensive statute, the same shall be placed before that Court for scrutiny.

Marriage Certificate is useful for legal matters and has found importance in below matters;

- Ceremonial Marriage is not recognized by foreign embassies in India and Foreign Countries outside India. For the proof of marriage in foreign embassies in India and Foreign Countries outside India, you need to have Marriage Registration Certificate. While applying for Spouse VISA, the foreign Embassies ask for Marriage Registration Certificate. And Hence, if a husband or wife want to travel outside India on spouse visa then Hindu Marriage Registration Certificate is a must, or

- If the persons want to get married against the Will of their Elders and Family Members – Marriage Registration Certificate provide protection against false and fraudulent Civil as well as Criminal cases filed by the warring elders and family members of the spouses such as Missing, Abduction, Kidnapping, Rape etc.

- In the unhappy circumstances of disputes (whether civil or criminal) between the spouses relating to divorce, dowry, maintenance and other cases, Marriage Registration Certificate provide protection against false denial of marriage by either of the spouses.

- Many institutions in India also have started asking for Marriage Certificate issued by Marriage Registrar by way of Proof of Marriage.

For your question on making it void / whatever you are again asking let me tell you one final time you are simply blind fishing and choking your upper story to death by chanting issues relating to your surname used by her. Get a divorce then come here if she is still using your surname - understand what we are giving you as Igyan.

A marriage certificate can be found in-correct only if some spelling mistake or name mistake are there probably done by a Steno of the Registrar Office otherwise if you are Suresh Avasthi and she is Mansi Goel and same are correctly mentioned in THAT MARRIAGE CERTIFICATE then forget rest round robin questions. If she has mentioned her name in the Certificate as Mansi Awasthi then also forget it till both of your marriage is not dissolved.

You should have not given authority to her to use your surname if you are so hell bent now.

2. Since both of you are still bonded together by way of a valid legal marriage and no Court has dissolved your marriage with her till then she can very well use your surname. There is no Law to tell her not to use your name till both of you are married. Once court dissolves marriage then go and spend on legal fees for her "surname change" by citing below news link;

https://articles.timesofindia.indiatimes.com/2011-11-17/mumbai/30409647_1_surname-family-court-nisha  

Finally Happy @ desertedhusband ji agar itna pyar apko surname se hai to case file kariye divorce ka pahley fir divorce decree lejiye aur fir eik case surname change ka daliye ex-biwi pe uss order  ko Execution Court se Execute karwaiye apka surname ki saab chinta doore ho jayegi. [if you love so much your surname than your wife (whatever) then file a divorce case prove allegations and based on proved grounds get decree in divorce then file another case for surname change get an order in this case too and then via Execution Court Execute this Order all your tension will be over]

Kindly note this is my last reply to your query.
Reasoning:
If you still didnot get it then Court is the right platform to make you understand all about 'surname" in a subsisting marriage. 

@tajobsindia...

Sir, I think you have been takin me wrong from the very beginning, or probably I have not been able to put my query straight....

I am least bothered about her using my surname. what the hell in this world I am goig to worry about my surname for  when she used me, itself like a use and throw pen, ...if somebody tells me to take "bhangi" as my surname but can get me rid of her without any hastle...I wont mind being called as Mr. Bhangi for my whole life..

my reply [bhaisaab mujhe uska sir name nahin chahiye...woh mera surname istemaal kar rahi hai har jagah jabki mere saath bhi nahi hai, yahi toh problem hai]  was just a joke in reply to your hindi sentence....

i asked here about legalities, significance and usage of a marriage certificate because I am in the process of planning my freedom from so called Marriage either by divorce or by any other proper and lawfully acceptable manner.... i was going through my marriage certificate and realised that my enemy's surname is written as "AVASTHI" and not as "GOEL'  so just thought to be sure about that....

you have mentioned that ceremonial marriages are not recogonized by foreign countries. Sir, I live abroad. Now, is there any chance that I can get my marriage certificate cancelled in India because then it will be leagal for me to start new life here without divorce. ..

mein jaanta hoon sir ki mein hawa mein teer mar raha hoon....but in my situation, i dont mind to take that chance..

@ ld. author,


If you can write in English this well then in very beginning you should not have played extra smart by using and I quote you [modified after reading your below message and adding your own wordings "for example" now tell forum how does that make any difference to what I already said] FOR EXAMPLE “In the certificate its mentioned "marriage of Mr. Suresh Avasthi with Mrs Mansi Goel" is this correct?” kar key and now again referring to your American English you should not end your Indian divorce laws education by me and I quote from your reply again FOR EXAMPLE  “I was going through my marriage certificate and realised that my enemy's surname is written as "AVASTHI" and not as "GOEL'” kar key.


May be I’m not educated in Harvard but have been to the best law school of the land. Well this advocate who has replied to all your mails with patience till now is not a fool as you are thinking and or making me of, that is ONE rejoinder. And SECOND rejoinder “an Indian marriage is dissolved in an Indian Court of Law only plus in India unlike some States in USA a birth and or marriage certificate is not cancelled, here they come with one and only one respective rider; death certificate from Registrars Office and divorce decree from a competent Indian Court respectively”.


Paste above rejoinder on your bedroom walls now and lastly donot think Indian Advocates attending to NRI enquires are fools and I am one of the very very blunt professional here when it comes to matters related to family law mind that.  

[Legal portal site mein hawa mein kaam teer mara karo aab aap. Straight question puncho straight jawab koi na koi legal professional dega apko yeh hamari abalao ki tarah time pass mat karo yaha. Aur agar question nahi pata hai toh last 100 queries divorce se releted padho pahaley yaha aur frame karo question sahi jawab fir eik baar aur milega]

@tajobsindia.

Firstly, In my first message, I did not say that Mr. Avasthi and Mrs. Goel is mentioned in my marriage certificate, that was an example I had put to my thought.  read it again, you will find two words "for example"

Secondly, In my prior to this message, I mentioned about my own marriage certificate but used earlier names because I did not want to invent more fake names here, so I prolonged with the ones i used, if you have been to the best law school, then I would expect you to have understood this that I am not going to give real names here

and lastly, I give up here becuase to the point where you have brought this thread to, was not my intention. My aim was to clear my confusion about some topic, I dont have anything to do with your education. You went to best law school, good for you. i am not here to compete with you obsession of English ... question kya poocha tha, aapne english, harvard, school, education, pata nahin kya kya bol dala...mujhe nahin pata tha ki mere iss question se aap ke kisi jale pe namak daal raha hoon...your english is better then mine, sir. galti ho gayi...

Hi,

Got married on 2010,the marriage certificate was issued from Bharuch, Gujarat.
My name and My wife's name was wrong in the marriage certi , like instead of "Sinh" it has "bhai", instead of "Bahen" it has "Ben" also by mistake surname of my wife is also wrong instead of "Patel" it has "Parmar".

When I tried to ask and update these mistakes I got the reply from Government officers that its not possible, you can't change those mistake.

Can you please suggest how can I do that? Its really urgent for me to correct those mistakes.