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  November 21, 2008  


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Birth Certificates: India
 
Birth/Marriage/Divorce Certificates: India

Birth certificates are available to any applicant born after April 1, 1970, on payment of nominal fees to the appropriate government agency. Prior to 1970, however, reporting of births was voluntary. Therefore, if you are unable to obtain a birth certificate from the appropriate government agency or if the information on the birth certificate is insufficient, alternative documents may be submitted.

Two sworn affidavits executed by parents, siblings, aunts, or uncles (blood relatives) may be presented in lieu of a birth certificate when a birth certificate is not available. The affidavits should set forth the relationship between the deponent and the applicant, the date and place of the applicants’ birth, the names of both parents and other related facts. The affidavits must be witnessed and stamped by an advocate/notary. In addition, these affidavits must be accompanied by a document from a competent governmental authority stating that the certificate did not exist or no longer exists.

NOTE: School records and "birth records" issued by a hospital or church are insufficient substitutes for birth certificates.


Marriage Certificate

Marriage certificates may be obtained from the offices of government Registrars of Marriages which are located in the headquarters of each district. The certificate will be issued by the Registrar only if the bride and bridegroom personally appear before the official and pay a nominal fee.

A certificate of marriage between Muslims is usually issued by the religious body or the priest who performs the ceremony. If the document is in Urdu and a certified translation is required. Marriages between Christians are usually obtainable through Church records, either free, or for a small fee. If the marriage has not been officially registered, two sworn affidavits providing: names; dates and places of birth for both the bride and groom; date of marriage; place of marriage; and the names of both parents of both the parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.

NOTE: A document termed as "Marriage Agreement" or "Deed of Marriage" to live as man and wife (under the Registration Act of 1908) is NOT considered as a marriage solemnized legally under the Indian Marriage Acts now in force. Such a document does NOT confer upon the contracting parties’ legal marital status under the law.


If Your Marriage Has Not Been Civilly Recorded/Registered In India

In order to provide evidence to the BCIS that you are legally married, you must contact the Indian Consulate nearest your residence to have your marriage registered and/or to apply for a marriage certificate. If both of the spouses' names appear in the passports, you only need to apply for a marriage certificate. If neither of your names appears in your passports, you will need to submit both of your passports and proofs of marriage such as, but not limited to, sworn affidavits, wedding invitations, photos of the wedding ceremony, etc., to the Indian Consulate. If the Indian Consular officer is satisfied with the evidence, he will then add your names onto each of your passports, and issue a marriage certificate. You may apply in person or by mail. Please check with the Indian Consulate for applicable fees and procedures. You may click here to visit the Embassy of India in Washington, D.C. http://www.indianembassy.org/


Divorce Certificate:

Methods of divorce vary among the different communities. As a rule Muslim marriages are dissolved without recourse to the judicial process and thus no records of such divorces are generally kept. Certified copies of divorce decrees can be obtained from the Courts of jurisdiction. Fees vary.


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