Qazi issued marriage certificate getting rejected by mea
Querist :
Anonymous
(Querist) 13 June 2023
This query is : Resolved
Hello Team,
My marriage certificate is issued from the office of Muhammadan Marriage Registrar and Qazi after our Nikah. The certificate contains the registrar's stamp. However the certificate is getting rejected by ministry of external affairs with the reason that is is qazi issued. We submitted the certificate for apostile as I need the same for Saudi Arabia visa. Could someone please guide on how to get the certificate attested by west Bengal home department?
kavksatyanarayana
(Expert) 13 June 2023
As to the information got, the Kazi who has performed the marriage can issue a “Nikahnama” which is a marriage certificate. For legal reasons, such as passport, bank account opening, inheritance, consent in case of emergency, etc the Muslim marriage should be registered with the marriage registrar. In India and some Muslim countries Nikahnama is sufficient proof of Nikah or Muslim Marriage, however in other countries for immigration/ spousal visa, the proper Muslim marriage certificate is issued by the Registrar of Marriages of the District where marriage was solemnized and/or where the parties usually reside will be sought by the foreign authorities.
P. Venu
(Expert) 13 June 2023
It appears that your problem is in getting the Visa. If so, how is Ministry of External Affairs concerned with the issue?
Querist :
Anonymous
(Querist) 13 June 2023
For visa we need the marriage certificate to be attested by ministry of external affairs. It is part of the visa process. And ministry rejected the certificate saying its qazi issued.
T. Kalaiselvan, Advocate
(Expert) 14 June 2023
The MMR i.e., the Qazi signed certificate for the Muslim marriage, even if it is registered by the registrar, is not a valid marriage certificate hence it would be pertinent to register the marriage under special marriage act, 1954 which is the valid certificate for all the purposes.
P. Venu
(Expert) 15 June 2023
Yes, the marriage could be registered under the provisions of Sections 15 of the Special Marriage Act, 1954 -
Registration of Marriage Celebrated in other forms
15. Registration of marriages celebrated in other forms.-
Any marriage celebrated, whether before or after the commencement of this Act, other than a
marriage solemnized under the Special Marriage Act, 1872 or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:
(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since
(b) neither party has at the time of registration more than one spouse living;
(c) neither party is an idiot or a lunatic at the time of registration:
(d) the parties have completed the age of twenty-one year at the time of registration;
(e) the parties are not within the degrees of prohibited relationship:
Provided that in case of a marriage celebrated before the commencement of this Act, this
condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and
(f) the parties have been residing within the district of the Marriage Officer for a period of not
less than thirty days immediately preceding the date on which the application is made to him
for registration of the marriage.
K Rajasekharan
(Expert) 15 June 2023
Conduct of Marriage and registration of marriage are two different things. You have performed valid Muslim marriage as per the personal law applicable to Muslims in India and the certificate issued as per the law is valid as a rebuttable proof of marriage.
If you want further proof, you can do two things. One is to register the marriage again before the common marriage registrar, if such a system is there in your state as in Kerala. The second one is to approach the Family court to declare your marriage status based on the certificate you have.
Registering the marriage again under Special Marriage Act is not an advisable way out, as it would make some changes in the succession of property.
P. Venu
(Expert) 19 June 2023
"Registering the marriage again under Special Marriage Act is not an advisable way out, as it would make some changes in the succession of property."
A dispassionate and careful reading of the provisions of the said Act does not suggest any changes as to succession of property.
