How to get new marriage cetificates in muslim when it lost?
salman khan
(Querist) 29 May 2012
This query is : Resolved
my friend father is muslim age is 60yr and his wife age is 56yr, his wife want to make a passport but he has not any marriage proof, from where and how they can obtain it.
please help
Suhail A.Siddiqui
(Expert) 29 May 2012
In your case u may go to registrar of marriage to get registered your marriage and obtained marriage certificate.
ajay sethi
(Expert) 29 May 2012
hsve you lost your marriage certificate ? heading of your query suggests it is lost whereas as per facts stated by you their is no marriage registration done
Shonee Kapoor
(Expert) 30 May 2012
It was a Nikahnama, you can get the same registered now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 30 May 2012
Firstly the declaration of marriage in the form of Affidavit duly attested by the Notary Public along with the Wakf Board Marriage Certificate is recognized by the Passport Authorities for the necessary amendments of the Marital status in the Passport as provided in the Passport Rules however nowadays the Regional Passport Officers ask for a proper Marriage Certificate issued by the Registrar of Marriages to be attached for any amendment application with regard to the marital status of the passport holder. If the Passport authorities/Regional Passport officer has agreed for the present Marriage certificate issued by Wakf Board & an Affidavit in the prescribed form to be duly attested by Notary Public then get that made & get necessary amendments done in the passport. Secondly this Affidavit will not be any Registration under the Special Marriage Act, 1954 as in that case a proper notice of one month has to be given even for registration of the existing religious marriage to the Marriage Officer/Registrar of the District where you reside & only after one month notice period the marriage is registered by the Marriage Officer/Registrar in presence of 3 witnesses & then a Valid Marriage Certificate issued to the parties, this not the case in here. Thirdly you should better get this Muslim Marriage Registrar under the Local Marriage Registration Act applicable to any form of marriage irrespective of the religion of the parties, for this Check about the Act applicable in the State of Andhra Pradesh & get your marriage registered under that Act. Since it will be your Muslim Marriage that will be registered under the Act so only the Muslim Personal Law as provided in Shariat will apply in your marriage, however if you get your Muslim Marriage Registered under the Special Marriage Act,1954 then you will be bound by that Act, wherein you will be allowed to either give divorce to your wife by irrevocable triple divorce process nor you will be allowed to have more then one wife during the lifetime of your first wife both these rights which any Muslim husband gets through the Muslim Shariat Law concerning the Marriage amongst the Muslims in India. The Special Marriage Act,1954 provided for Civil form of Marriage & it has clearly provide process & procedure for divorce & law relating to bigamy which is not only illegal during the lifetime of first spouse but even punishable offence under section 494,495 of the Indian Penal Code
