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Muslim marriage certificate in Bangalore

2 years 2 months ago #915 by noormohamed
Hi,

One of my friend working in Indian software company and currently in US on a assignment. He will be getting married in Bangalore on sept 25 and Govt Quazi will give Nikah Namah on that day. He got only 2 weeks of leave, so he want to get the marriage certificate in English so that he can apply for spouse Visa.

How should he get the marriage certificate from register in Bangalore, Karnataka. I know if he go for marriage registration office in Bangalore. He cannot wait for one month and he want to do registration imeediately.

Please let me know how can i get the marriage certificate for Muslims immediately.

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2 years 2 months ago - 2 years 2 months ago #918 by batcha
Muslim marriage registration is little bit difficult to complete the registration process in Bangalore in short span of time. But the same time there is a possibility to complete the process legally if you start your friend's registration process earlier :-

In Bangalore,Karnataka there is no Marriage registration law existing for Muslims except Special Marriage Act 1954.

Notice to intend the marriage has to be given and It will take 30 days from date of notice . Same time there is a possibility to file notice without groom presence.

Section 5 of Special Marriage Act 1954 is permitting to file notice either by Groom or bride. So in this case your friend living in US and he is coming for short leave to complete the Nikah.

So you can advise your friend's family to complete the notice filing process at least a month before to date of Nikah with bride presence. After arrival of your friend you can complete the registration under Special Marriage Act 1954 in the presence of bride and groom and Three witnesses and can get marriage certificate necessary for spouse visa process. Thereafter you can complete the Nikah ceremony to fulfill the requirements of Shariah law.

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2 years 2 months ago #919 by batcha
If you your friend's Marriage registration after completing the Nikah he has to wait 30 day after filing notice.
Find the normal special marriage registration process in Bangalore:-

Special marriage Act 1954 procedure for Foreigners in Bangalore, Karnataka :-

The Special Marriage Act of 1954 has provision for civil marriages.
Marriage between an Indian and a foreign national is done under this act. The procedure for civil marriage is the same as a marriage under the Special Marriage Act.

All over Karnataka the registration procedure will be like this.

Notice of intended marriage must be filed with a Marriage Registrar in India.

Notice must be published and objectors can send in their views within 30 days.

At the end of 30 days, the Marriage Registrar performs the marriage.

This is applicable only if at least one partner is permanently and the other partner is temporarily residing in India.

In case one of the partners is in a foreign country, then a different procedure is to be followed.

The partner residing in India must collect the ‘Marriage Notice’ from a Marriage Registration Office anywhere in India.

After filling the form on his/her part, the person must send it to the partner in the foreign country to fill the form.

The notice has to be received back in India after the bride and groom have filled their forms.

The notice is resubmitted at the Marriage Registration Office.

A certificate with the signature of the bride and groom, the registrar and the witnesses will be issued.

This certificate will be treated as a proof of the marriage while applying for visa to the foreign country.

In any case, it is required of the parties to wait for 30 days at least, from the date of initial application so that the Marriage Registrar can publish a newspaper ad to invite objections.

The following documents are required for both the partners:
1.Valid Passport

2.Original Birth Certificate mentioning parents' names

3.If the person concerned is widowed, the original death certificate of the deceased spouse

4.If divorced, copy of the final decree

5. Documentary evidence regarding stay in India of the parties for more than 30 days (Ration card or report from the concerned SHO)
6. Citizen of a foreign country may be required to submit a “No Objection Letter” from the Embassy or Consulate of his/her country, along with proof of termination of previous marriages (if applicable)
It will take minimum 30 to 60 days to complete registration process.

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2 years 2 months ago #951 by batcha
I could understand the situation. Normally marriage registration is not mandatory for Muslims and no Government can compel the Muslims to register the Marriage compulsorily. The following decision take in by All India Muslim Personal Law Board also will confirm the same . Find the details :-

******In view of problems faced by Muslim couples in getting passports, the executive committee of the All India Muslim Personal Law Board on Sunday passed a resolution demanding that the Nikahnama - the testimony of marriage in Islam - should be accepted as a marriage registration certificate by the government agencies. The Board also pointed out the union government's proposed Wakf Amendment Bill 2010 has many defects and the attitude of Law Ministry and Ministry of Minorities Affairs is irrational in this matter. The committee also expressed deep concern about the manner in which CBI is prosecuting Babri Masjid case in Rae Bareli's special court.
"Though the Nikahnama has been provided a legal status in India, the passport office does not accept the document as the proof of marriage, resulting in unnecessary harassment of the Muslims applying for the passport. They are forced to take round of the tehsil office for getting official certificate from the registrar of marriages. We want that the Nikahnama to be accepted as marriage certificate," said Mohammad Abdul Rahim Quraishi, general secretary of the board. He said that Board has decided to constitute committees in various states to study registration laws and to make representation to the respective state governments to recognise Nikahnama and include it in the Acts/rules. "Muslims have no problems with marriage registration. In fact Islam is the only religion with an elaborate system of marriage registration. Our system is age-old and has a presence even in the remotest village. The document is available with the Qazis who solemnise Nikah," he said.
The six-hour-long meeting that took place at Islamic seminary Darul Uloom Nadwa-tul-Ulema on Sunday. Chaired by AIMPLB president, Maulana Rabe Hasan Nadwi, besides problems in marriage registration, the executive committee also expressed concern on some judgments against principles of Shariat in matters of divorce and maintenance to divorced women.It was decided that the AIMPLB would move the apex court for a review of the judgements. "Shariat is part of Islam and Muslims are bound to follow it, " Quraishi said..
The members also condemned the Centre's role particularly that of ministries of law and minority affairs in connection with the Central Waqf Amendment Bill, 2010. "They have been creating hurdles in letting us preserve, protect and recover waqf properties and to make the waqf board a representative of the Muslim community," said Zafaryab Jilani, member of the executive committee.
Quraishi said that The Waqf (Amendment) Bill, 2010 may be introduced with amendments in the Monsoon session of Parliament. Sachar committee has recommended that Waqf should be declared public premises, which implies that if there is any encroachment then it would be responsibility of the district administration to clear it, he said. Accusing central government of not accepting the suggestions made by the AIMPLB, he demanded that survey of Waqf properties should start from the date of Independence instead of the date of enforecement as provided in the present Bill. Quraishi said that even the Supreme Court has said that "once a Waqf property always a Waqf property." He said that the Bill says that if Waqf is not registered then it would have no right of seeking judicial remedy. "It is a democracy and there is rule of law. Right of judicial remedy is being taken away, " he alleged. He said that the AIMPLB has decided to launch a campaign against the Waqf Bill in present form after the Ramzan month.
Expressing deep concern over the manner in which CBI is prosecuting Babri Masjid case in Rae Bareli's special court, the AIMPLB members said that the Board feels that the agency does not appear to be serious tor ensure severe punishment to all the accused in the case. They said that members were of the view that the statements of the secular people related with the case are not being presented before the court in a proper manner.
In response to a query regarding diktats issued by khap panchyats particularly the one recently given by a panchayat (that asked women under 40 not to go to markets or crowded places, use cell phones and discouraged love marriages) in Baghpat, Quraishi said, "Everyone knows how seriously people take these decisions."******

Also some countries United States of America is accepting the Nikkah Namah as proof of Marriage. But the same time some countries like UAE, UK, Canada, Australia counties will ask Government marriage certificate for Visa Process. If not able register your friend nikah in Bangalore within 7 days , you can try to apply US spouse visa without Government marriage certificate.

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2 years 2 months ago #970 by marriage attorney
Hi Mr. Noor Mohammed ,
Please advise your friend to extend his leave for his nikah registration. He must stay minimum 31 days to complete the Government marriage registration process in Bangalore. Nikah namah is no longer a valid for apply visa.
You must register your friend Nikah under Special Marriage Act 1954 .
Things to do while registration :-
1. Get nikah namah ready submit before the marriage registrar Special Marriage Act 1954 .
2. Keep necessary documents and photos .
3. Keep 3 set Filled application .
4. Witnesses three persons with ID proof.
These are the minimum requirements for the marriage registration under Special Marriage Act 1954 Special Marriage Act 1954.

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2 years 1 month ago #976 by marriage attorney
Nikah certificate is valid asper sharia law and not valid as per civil law. So i think marriage certificate is compulsory for Muslims too. For all legal process including passport and visa the marriage certificate is important for Muslims.
So if they complete the registration immediately nikah,
It will be useful for all legal process in future. So Muslims cannot ignore the registration process in Karnataka.

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