Should NRIs Get Certificate of NO Marriage if Wedding Abroad?

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Being an NRI, I was asked to present CENOMAR in Philippines. I intend to marry with the Filipino girl. Since I was unaware of this certificate earlier, I don’t know from where i should get it. Should I consult Indian embassy or do I fly down to India for getting it?             

If anyone ties knot in India, he/she needs not present single status proof which is a certificate stating that the recipient is single by marital status. But yes, it is essential to get marriage certificate post the big day.

Certificate of NO Marriage

India is the country where no certificate is required prior to marriage. However, there are two laws prevalent which are the Hindu Marriage Act, 1955 and The Special Marriage Act, 1954. Be it foreigners or citizens, the law is identical for all.

But the foreign countries, like Philippines, Singapore, the US, UK and Malaysia etc., have the law that mandates presenting the certificate of single status with all other documents at the time of marriage registration.

Where should the emigrants apply for single status certificate?

As told above, many European and some Asian countries require this certificate if any emigrant wants to solemnize marriage with the native of foreign country. Catch ‘why do the foreign governments ask for this certificate’ in the next section.

None of the natives in India are to present it. This is so because Indian constitution has no such law and competent authority to issue it. But this does not imply that the certificate cannot be issued. The applicant, be it an NRI or PIO or OCI, can get it from Deputy Commissioner (DC) of India or the court authority.

Basically, this document is issued by the competent authority of the country from where the applicant is originated. For example, NRIs root lies in India. Therefore, they have to get it from the DC or court here. And if the applicant is originated from Philippines, NSO is the competent authority that holds all right to issue it there.

Why do the foreign governments ask for bachelorhood certificate?

The only reason of asking for this certificate is to protect their natives from getting caught up by cheaters or defaulters. Every government intends to work for the welfare of their citizens. Although every person has a right to solemnize wedding as per his/her desire but sometimes, people stay blindfold to the defaulters. Being subjected to greed, they go for polygamy & wed not once but twice and thrice.

When their cheat is revealed later, it becomes too late. The victim spouse would have suffered huge monitory loss as well as psychological trauma. Therefore, the government asks for this evidence as a preventive measure to avoid such situation.

How NRIs can get CENOMAR online fast?

CENOMAR alias Certificate of No Marriage in India can be gotten online as well as offline. If the person is in the capacity of flying down here, he/she can visit the court in the locality or DC.

To get the sworn certificate of no marriage, the applicant must bear in mind variable names of this certificate, like Certificate of No Record, Certificate of No Impediment, Certificate of Nulla Osta, Single Status Statutory Declaration and Certificate of Legal Capacity to Contract Marriage. These multiple names belong to the sworn document that proves the person is single. However, the person can be divorcee. This certificate certifies that the marriage relation has been ended and now, he/she is single.

Then, follow these steps:

  • Visit the DC office or court authority.
  • Make a self-declaration on the stamp paper that you are single by matrimonial status.
  • Get this affidavit notarized.
  • Get it attested from the DC or Court.
  • Finally, get it apostilled from the Home Ministry Department of the Ministry of External Affairs.
  • Present it at the marriage authority abroad (where you want to solemnize marriage).
  • Pay the requisite fee which can be variable from state to state.

If the person cannot come, he/she can contact to any authorized outsourcer. There are a number of reliable outsourcers that work for the services of NRIs. He/she can check their authenticity through disclaimer and testimonials. Even, their customers can be contacted through commenting.

What are the requirements for getting it?

The following requirements must be provided in the self-declaration statement in the affidavit.

  • Complete name (including surname)
  • Date of birth
  • Place of birth
  • Present age
  • Parents’ complete name (separately mention)
  • Residential address (indigenous and foreign)

All the aforementioned details must be stated on the affidavit without mistake. Then, these documents should be attached for verification of the statement that is mentioned in the affidavit.

  • Passport/Visa/Green Card
  • Aadhaar Card/Pan Card
  • Address proof
  • Decree absolute (if the applicant is divorcee)
  • Birth certificate
  • NABC (if the birth proof is absent)
  • Death certificate of the deceased spouse (if widowed)
  • Deed poll (in case the name is changed)
  • Fee

About processing days, every country has different timeframe. For example, NSO CENOMAR application is processed in 7 to 14 days in Philippines. In India, it may be a month long process.

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