quesHow can i get a Dependent Visa before/ on the date of my marriage?

How can I get a Dependent Visa before / on the date of my marriage as I need to travel with my husband immediately after my marriage in August. Is there any way I can get a marriage registration certificate before my marriage or any other way by which I can get my dependent Visa? 

 

My husband can travel to India once before the marriage in June / July if needed. Kindly let me know all the options available.

 

  • ans 

    You can apply for a dependent Visa only when you have a marriage registration certificate.

     

    The option available for you is to perform a Court Marriage or the other option available for you is that you can get married in a Arya Samaj Mandir and get the same registered under Tatkal services.

     

    A court marriage is solemnized under the Special Marriage Act, 1954. The procedure does not require any religious ceremonies and therefore, the marriage is solemnized before the marriage officer/registrar, usually D.C., Deputy Commissioner of the area (Sub registrar/SDM is the marriage officer/registrar.

     

    The brief procedure of Court marriage is stated here under:

     

    There are basically three stages of going for a Court Marriage. 

     

    Stage I: Filing of application form and preparation of required documents:

     

    You need to locate the Marriage Officer's office in whose jurisdiction your application will be accepted - this is based upon your residential proof. Thereafter, you need to fill application forms, prepare necessary affidavits and collect required documents. Exact documentation required to be submitted varies depending on jurisdiction and individual case by case basis. In general, the following documents are essential:

     

     i. Documentary evidence of date of birth of both the parties: Matriculation Certificate / Birth Certificate / Passport (depending on your jurisdiction).

     

    ii. Residential proof of both the parties: Ration card / Election ID card / Passport and Driving License (depending on your jurisdiction). 

     

    iii. Photographs: Passport size photographs of both parties (3 copies each).

     

    iv. Separate affidavits from husband and wife on non-judicial stamp paper duly attested by Notary Public or Oath Commissioner.

     

     v. Self attested photo copies of  PAN card and Voter ID/ Ration Card/ Passport/ Driving License of 3 (three) witnesses.

     

    All the photocopies of the required documents and photographs need to be attested by a Gazetted Officer.

     

    Stage II: Submission of completed application and notice period:

     

    The completed application needs to be submitted to the office of concerned Marriage Officer. It is compulsory for both, the husband and the wife to be present at time of submission of the application. All the original documents are required at the time of submitting the application form. After submitting the forms, the applicants are given a date and time for appearance before the marriage registrar for solemnization of marriage. 

     

    A notice of intended marriage (with photographs and details) will be published on the notice board of the office of concerned Marriage Registrar Office for a period of 30 days. During the course of the procedure of solemnization under Section 13 of the Special Marriage Act 1954, any person may file an objection to the intended marriage within 30 days of the issue of  the notice on the public notice board.

     

    Stage III: Appearance before the concerned registrar on the date of appearance:

     

    On the date of appearance, both parties have to appear before the marriage registrar. All original documents are required at the time of the registration of marriage.

     

    3 witnesses are also need to be present along with the couple during the procedure on the date of appearance for the court marriage.

     

    The next step is to deposit a registration  fee and complete formalities of matching the name spellings and tallying documents.

     

    After examination of documents and application forms and parties, the registrar will ask the parties to take an oath in front of him - the format of oath will be provided. 

     

    After satisfying that no one has any objection with respect to the said marriage, the Registrar will ask the parties to sign the marriage certificate and counter sign the same. 

     

    In cases where an objection is filed, the Officer shall not solemnize the marriage until he has decided on the validity of the objection raised within 30 days of the receipt of the objection. Valid objections include age of any of the parties intending to get married or the bride is too closely related to the groom (parties are within the prohibited degrees of relationship) or that either party has a living spouse. The Officer will not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it.

     

    In cases where a valid objection is found after enquiry and the Officer refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. 

     

    After showing the receipt, the marriage certificate is handed over to the newly married couple on the same day.

     

    In case, you marry in a Arya Samaj Mandir, then after the marriage is solemnized you have to get the same registered under the Hindu Marriage Act(assuming you are a Hindu). The procedure for Marriage registration is as under:

     

    To register under this Act, both the partners need to be Hindus. The first step is to apply to the sub-registrar under whose jurisdiction the marriage took place. Alternatively, you can apply to the registrar of the place where either spouse stayed for at least six months before marriage. Both partners need to fill the relevant application form, sign it, and submit it, along with photocopies of the necessary documents , such as age proof and address proof. For proof of marriage, submit a certificate from the priest who solemnized the marriage. In addition to this both parties will need to disclose their previous marital status, if any. All the documents should be attested by a gazetted officer.

     

    Once the application has been submitted and the documents verified , the concerned officer will assign a date for registration, when the marriage certificate will be issued . However if you apply under “tatkal” option for marriage registration, you will have to pay Rs.10,000/- to the office of registrar.

     

    You can send the forms and documents to him and get the same signed. Thereafter, your husband can courier the same back to India. However, when the date is allotted to be presented before Registrar, then he has to come to India. In both the options, your husband is required to travel to India once.

     

    Kindly contact us for any further details and action.

     

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