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Unable to get marriage certificate in India - J&K state

ldzawa

Star Member
Jan 29, 2015
95
2
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
11-02-2016
AOR Received.
17-03-2016
File Transfer...
18-04-2016
Med's Done....
19-09-2015
Passport Req..
15-05-2015
VISA ISSUED...
26-05-2015
LANDED..........
August 2016
My Indian spouse and I had our traditional marriage ceremony in India in mid-Dec 2014 (he is from the Ladakh in Jammu & Kashmir), and are hoping to start the sponsorship application asap.

A few days after the ceremony, we went to a local advocate, where we exchanged rings, signed papers, and completed all the necessary paperwork. We were then sent the Tehsildar Office to get the instructions for obtaining the Marriage Certificate, It took us the next few weeks to gather all of the documents required by the Tehsildar. Amongst them, the 'Statement In-Lieu of Non-Impediment to Marriage Abroad', which we had to get by flying all the way to the High Commission of Canada in Delhi. Thinking we had everything covered and just had to wait for the Marriage Certificate to be issue - after submitting all of the documents to the Tehsildar Office, I left India at the end of January.

A week later, we were informed that we need to submit some other letter stating I'm unmarried. It turned out that the 'statement in-lieu of non-impediment to marriage abroad' was rejected by the Tehsildar office because it doesn't state that I am unmarried, nor does it even state in the title it's a statement in-lieu of non-impediment to marriage abroad. So basically, the Tehsildar is not issuing our marriage certificate until I can prove I am unmarried with a proper authenticated document that they want.

*****statement content start******
Title: TO WHOM IT MAY CONCERN
Ms. _____, a Canadian citizen who states that she resides at ___________, has applied to the High Commission of Canada for a certificate to the effect that she is free to marry, and that according to the Canadian authorities there exists no impediment to such marriage.
Canadian law neither requires nor provides for the issuance of such certificates. Therefore, the High Commission is not in a position to issue the certificate required. This statement, however, is given in the event that it may be of relevance should the authorities of the country concerned be prepared to consider a waiver of the production of the requested certificate.
********statement end******
Q: for those who have experience with marriage abroad, is this statement slightly different? Did the High Commission forget to put the title?

We are stuck without the marriage certificate - not able to apply for visitor visa and definitely cannot start the sponsorship application anytime soon.

I'm currently in China (and will be here for at least another month) while my spouse is in Ladakh, so the option of getting another copy of the statement directly from the Department of Foreign Affairs is not possible at the moment.

Can anyone suggest some possible solutions?

Many thanks in advance!
 

RajaJi

Hero Member
Jan 28, 2012
907
27
Another option for you is to Prepare an Affidavit stating that you have never marrried prior to your marriage with your now wife and get it authenticated from Foreign Affairs. Make sure that will be acceptable by Tehsildar and also check with Foreign Affairs department that they will authenticate such an Affidavit.
 

ldzawa

Star Member
Jan 29, 2015
95
2
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
11-02-2016
AOR Received.
17-03-2016
File Transfer...
18-04-2016
Med's Done....
19-09-2015
Passport Req..
15-05-2015
VISA ISSUED...
26-05-2015
LANDED..........
August 2016
Thank you! I guess I'll have to wait till I'm back in Canada.
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
I think you need to find the appropriate source for India that says that the "Statement In-Lieu of . . . " is what you are required to submit and pursue that aggressively. That's what it is for, Canadian agencies are going to tell you that you should obtain one in your country of marriage, "before" you get married. How did you get a marriage license without one? Unless of course that part of it works very differently in India.
 

RajaJi

Hero Member
Jan 28, 2012
907
27
truesmile said:
I think you need to find the appropriate source for India that says that the "Statement In-Lieu of . . . " is what you are required to submit and pursue that aggressively. That's what it is for, Canadian agencies are going to tell you that you should obtain one in your country of marriage, "before" you get married. How did you get a marriage license without one? Unless of course that part of it works very differently in India.
Marriage License is not a requirement in India. Actually, there is no such thing as Marriage License in India.