Marriage certificate without husbands presence

1. Be noted first of all, Marriage Certificate is not at all 'conclusive proof' of a marriage.
2. Marriage Certificate is not issued in absence of either or both parties to a Marriage from Registrars Office.
3. If you want to start any activity under personal Laws against him in a court of Law, you can jolly well initiate same without need to procure / have in hand – possession a ‘Marriage Certificate’.

If anyone has advised you that to start a Court case against husband under various or one of the Family Laws ‘Marriage Certificate’ is a must then s/he does not know Indian Laws PERIOD.

As mentioned here by our Senior Partner that Marriage Certificate is not a 'conclusive proof' of marriage then i would also like to add few points here.

You can very well start any activity under Indian personal laws against him without Marriage Certificate but as you have mentioned he is a NRI then these activities will only remain in India and cannot harm a person who is sitting outside India.You can file any charges against anyone but during the trial you also need to have something to prove it so INDIAN LAWS work well for Indians living in Indian territory but not so easy for someone outside India.

As per HMA registration of marriage is not compulsory but our Hon. SC and NCW have been telling againg and again that marriages with NRI's be registered otherwise its impossible to do anything.

Please note Marriage is only a ceremony as per HMA but in rest of the world Marriage is a contract and relationship so if the court needs to bring your NRI husband to India then there should also be enough proof that you lived as husband and wife and there was cohabitation and it was not just a sham marriage ceremony for few seconds.This is also the reason the marriage officer need both husband and wife to be present to issue the marriage certificate.

If you have problems with relation then get divorce instead wasting time to prove the legality of marriage.

Without your husbands signature its impossible to get a MARRIAGE CERTIFICATE.

MARRIAGE CERTIFICATE is a very important document.If you want to change your surname or want to get a loan or apply for passport or even enroll your kid in school for all this they ask for Marriage Certificate and with mere photos will not do.

from ur post, may i take liberty to conclude that there is something fishy going on. so u won't like ur hubby to knw tht u will apply for marriage certificate.
funny.
on the contrary it is blessing in disguise if u won't wish to continue relation.
bcoz both of u escape from all rigmarole of registering then cancelling. u knw hw govt. machinery wks.
besides signature, other documents are also required. u don't mention which documents u hv and don't hv.

what registrar office advised you.

Hello,

 However, in situations where one party is unable or unwilling to cooperate, there are alternative options that you can consider:

Special Marriage Act: Under the Special Marriage Act, of 1954, you have the option to solemnize your marriage and obtain a marriage certificate without the presence or consent of your husband.

Legal Documentation: While you may not have a marriage certificate, you can gather any other supporting documents that prove the existence of your marriage.

Consult with a Lawyer: It is strongly recommended that you consult with a lawyer who specializes in family law to discuss your specific situation and explore the best legal options available to you.

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