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A marriage is a significant event in life, which also needs legal formalities. Here, legal formalities are related to the registration process. But this is not easy-going and convenient for non-residents of India (NRIs). They are of Indian origin and unmarried or single, which must be documented. The document that proves this status is popularly called the Single Status Certificate or bachelorhood certificate. This paper is crucial and can be recognised as a Certificate of No Implement, a Certificate of Absence of Marriage Record, and a Certificate of Absence of Marriage Record. This post will reveal the most obvious reasons why Indians need a single status certificate to marry.
Single Status Certificate: An Overview
The single status certificate, a legal document, confirms an individual’s marital status. Typically, this status can be identified as single, divorced, or widowed. This document proves a person to be single, who can be widowed or bachelor. It shows his/her eligibility to marry.
Here, a vital point to consider is the country. In India, it is not mandatory to obtain and present this paper for NRIs. But in a foreign country, you have to present it to the foreign ministry. The reason is the strict regulation, which prevents bigamy, fraud, and other legal complications that could be conflicting later.
Reasons Why an Indian May Need a Single Status Certificate
Here are some of the most obvious reasons why Indians will require proof of their singlehood.
- Legal Requirements in Foreign Countries
Many countries’ law does not allow individuals to marry twice if they are already married and alive. In the USA, UK, Australia, and the UAE, bigamy is strictly prohibited. And individuals eligible for marriage must present their bachelorhood certificate before marriage registration. Overall, this certificate acts as an assurance for a legal marriage to happen abroad.
- Preventing Legal Complications
Unavailability of a single status affidavit or proof in a foreign country could trap an Indian in several legal problems. If somehow foreign authorities discover that the person is already married in India, the marriage could be null or void. If proven, legal action could be taken against him or her. Moreover, this could further complicate inheritance matters, which can be related to property, inheritance, and citizenship for his or her children.
- Obtaining a Visa or Residence
Some emigrants may have to present their single status affidavit for visa and change of status for emigration. Overall, this document signifies that its holder is married, and hence, he or she can register for marriage. Simply put, it can be valuable proof to claim a spouse visa or residency permit. Its absence might lead to the rejection of his or her visa application. Inadequate information in this regard could significantly delay the procedure.
The Process to Procure a Single Status Certificate in India
Now that you know the reasons why you need this certificate, let’s discover the step-by-step process to apply for this certificate.
- Affidavit Submission
Before registering marriage, the applicant must submit an affidavit that can prove he/she is eligible for marriage. He or she can get it drafted on a stamp paper. It should be notarised by the notary public to prove its validity. Its transcription is also recommended in both the English and Hindi languages. Considering what to state, it typically reads personal details, such as name, age, address, and a declaration. It eventually states that the bearer is single, divorced, or widowed.
As drafted and notarised, the applicant may also include personal details. It is issued as a sworn statement that reveals the name, address, age, address, and oath of being single, divorced, or widowed. This step requires an in-person visit to a notary public office.
- Verification by Local Authorities
In the second step, the notarised affidavit is taken to the local attestation authorities, such as the Sub-Divisional Magistrate (SDM), Tehsildar, or District Magistrate. Find the office for the attestation authority in the nearby area. These authorities thoroughly examine the details and verify the background to discover the real marital status. Certainly, this process involves a deep check of marriage records with local authorities. So, the applicant can be possibly interviewed. Or, one-on-one rounds can be conducted through a third party to cross-check the authenticity of the information.
- Issuance of the Certificate
As the verification is over, the local authority issues the certificate. It is mostly seen as an affidavit. Later, the applicant has to get it attested by higher authorities. These authorities can be the Ministry of External Affairs (MEA) and the Indian embassy in the country where marriage is likely to occur.
- Apostille and Legalisation
Apostille is the legalisation service that is a must-have for applicants who are likely to marry in the member country of the Hague Convention, 1966. It is called the legalisation process, which certifies the authenticity of this affidavit. If the country is not a member of the Hague Convention, it would require attestation from the embassy of the country where the marriage is going to occur.
Conclusion
The Single Status Certificate is a crucial document for Indians planning to marry abroad, ensuring that the marriage is legally recognised in both India and the foreign country. It prevents legal complications, facilitates visa and residency applications, and upholds the integrity of marriage laws. By following the correct procedures and utilising official government resources, individuals can obtain this certificate and proceed with their marriage plans with confidence.
