- https://www.ezylegal.in/blogs/guide-to-marriage-registration-in-mumbai
- https://highcourtlawyer.com/registration-of-marriage-certificate/
- https://courtmarriageandnotary.com/marriage-registration-in-mumbai
- https://www.indiafilings.com/learn/marriage-registration-in-india-step-by-step-guide/
- https://www.notarykart.com/get-marriage-affidavit-online.php
- https://www.vkeel.com/indian-kanoon/marriage-legal-advice/marriage-affidavit-vs-marriage-certificate-2237
- https://igrmaharashtra.gov.in/pdf/Fees_Procedure_Checklist_Marriage_Certificate.pdf
Summary
The marriage affidavit is a mandatory legal document required for the official registration of marriage in Mumbai, whether performed under the Special Marriage Act or the Hindu Marriage Act. This sworn declaration serves as essential proof of eligibility, confirming the couple's consent, age of majority, and accurate personal details. Submitting a properly notarised affidavit is the foundational step for obtaining a legally valid marriage certificate from the Mumbai Registrar authorities, ensuring the marriage is officially recognized for all administrative purposes. [1] [2] [3]
What Is a Marriage Affidavit in Mumbai?
A marriage affidavit in Mumbai is a sworn declaration made by the bride and groom, known legally as the affiants, stating under oath their personal details, current marital status, age of majority, and voluntary consent to the marriage. This important document confirms that no existing legal impediments, such as a living spouse or being below the legal age, exist to invalidate the marriage. A public officer must formally notarize it before submission to the marriage registration office. This process is fully explained in the legal definition of what is a marriage affidavit is. [1] [2] [3]
When Do You Need a Marriage Affidavit in Mumbai?
The requirement for an affidavit extends far beyond the initial registration of marriage, serving as a critical piece of official evidence in many administrative and legal procedures. [1] [2] [3]
- Passport application: When applying for a passport or updating the marital status on an existing passport after marriage, an affidavit is often required by the Passport Seva Kendra.
- Visa/immigration process: Embassies and foreign governments require the marriage affidavit from Mumbai as proof of the marriage.
- Bank account update: The bank may request a notarised affidavit confirming the marital relationship when opening a joint bank account.
- Name change in records: For the process of officially changing a spouse's surname in various documents (e.g., Aadhaar, PAN card), the affidavit serves as primary legal evidence of the name change and marital relationship.
- Proof of marriage for government services: Many state and central government services, schemes, or applications require the affidavit as a primary, sworn declaration to prove the marital relationship for eligibility purposes.
- When a marriage certificate is delayed or unavailable: If the official marriage certificate is lost, damaged, or undergoing administrative delays, a marriage affidavit in Mumbai can serve as an interim, legally sworn declaration of the marital status.
What Affidavit Is Required for Marriage Registration in Mumbai?
In Mumbai, specific affidavits must be submitted to the marriage registrar to satisfy the legal requirements under the Hindu Marriage Act or the Special Marriage Act. Both parties must submit an affidavit (known as the affiant's declaration) declaring their current marital status, date of birth, residential address, and genuine consent. While the Special Marriage Act typically requires separate affidavits from both the bride and groom, some registrars, especially for HMA registration, accept a joint affidavit for a marriage certificate signed by both. [1] [2] [3]
Documents Required for Marriage Affidavit in Mumbai
To execute the affidavit for a marriage certificate in Mumbai correctly, the affiants must present several original documents to the Notary Public for verification before the declaration is sworn. [1] [2] [3] [5]
- Age proof (birth certificate, school certificate, passport): These documents are mandatory to establish that both the male (21 years) and female (18 years) partners meet the minimum legal age requirement for marriage in India.
- Address proof (Aadhaar, voter ID, utility bills): Valid address proof must be provided to confirm that the residential address of at least one party falls within the jurisdiction of the Mumbai Marriage Registrar’s office.
- Passport-size photographs: Recent, clear passport-size photographs of both the bride and groom are required and will be affixed to the affidavit form itself.
- ID proof of both parties: A government-issued photo ID (such as an Aadhaar card or Passport) is essential for the Notary Public to verify the identity of the deponents before they sign the affidavit.
- Divorce decree (if applicable): If either party was previously married and divorced, the final and conclusive divorce decree issued by the competent court must be presented to prove the dissolution of the prior marriage.
- Death certificate of spouse (if widow/widower): If either party is a widow or widower, the official death certificate of the deceased spouse is required to prove that there is no legal impediment to the new marriage.
How to Get a Marriage Affidavit in Mumbai?
The process of obtaining a legally valid marriage affidavit in Mumbai is streamlined, primarily involving legal drafting, the use of the correct stamp paper, and formal notarization by a public officer. [1] [2] [3] [4]
- Step 1: The affidavit must clearly include mandatory clauses, such as full names, addresses, a declaration of consent, and an affirmation that no legal impediments exist.
- Step 2: The final draft of the affidavit must be printed on Non-Judicial Stamp Paper of the appropriate value (typically ₹100 or ₹500, depending on the purpose and the state's Stamp Act).
- Step 3: The affiants must meticulously complete all personal and factual details in the affidavit, ensuring they match exactly those on their identity documents.
- Step 4: Both the bride and the groom must physically visit a licensed Notary Public in Mumbai and sign the affidavit in the direct presence of the Notary Public
- Step 5: The Notary Public verifies the identities, administers the oath, and then affixes their unique seal and signature to legalize the document.
Marriage Affidavit Format Mumbai
The specific marriage certificate affidavit format in Mumbai must include mandatory clauses to ensure its acceptance by the Registrar of Marriages. [1]
| Clause | Content Requirement |
|---|---|
| Deponent Details | Full legal names, current addresses, and age/date of birth of both the bride and groom. |
| Declaration of Consent | A solemn affirmation that the marriage is being entered into voluntarily and with free consent. |
| Marital Status | A declaration that neither party has a living spouse, or the prior marriage has been legally dissolved (Divorce/Death). |
| Date and Venue | Stating the exact date and location where the marriage ceremony was solemnised. |
| Affirmation | A final sworn statement affirming that the contents of the affidavit are true |
| Notary Section | Space for the Notary Public’s seal, signature, and stamp of authentication. |
Cost of Marriage Affidavit in Mumbai
The total cost to obtain a notarised affidavit typically ranges from ₹1,000 to ₹3,000 per document, depending on several factors. This cost includes the mandatory stamp paper charges, the statutory Notary Public fees, and any optional professional drafting fees. [1] [7]
Marriage Affidavit Format – Mumbai
AFFIDAVIT
I, [Full Name of Husband], aged [Age] years, son of [Father’s Name], residing at [Full Address], do hereby solemnly affirm and declare as under:
- That I am a resident of the above-mentioned address in Mumbai, Maharashtra.
- That I am legally married to [Full Name of Wife], aged [Age] years, daughter of [Father’s Name], residing at [Full Address].
- That our marriage was solemnized on [Date of Marriage] at [Place of Marriage – Venue/Temple/Marriage Hall, City], in accordance with [Hindu Marriage Act / Special Marriage Act / Muslim Law / Christian Marriage Act – choose applicable].
- That this affidavit is required for the purpose of [Passport / Visa / Marriage Certificate / Name Change / Government Records / Any other purpose].
- That the statements made above are true and correct to the best of my knowledge and belief.
DEPONENT
(Signature of Husband)
I, [Full Name of Wife], aged [Age] years, daughter of [Father’s Name], residing at [Full Address], also solemnly affirm and declare:
- That I am legally married to [Husband’s Name] as stated above.
- That the details provided above are true and correct.
DEPONENT
(Signature of Wife)
Verification
Verified at Mumbai on this [Date] that the contents of the above affidavit are true to the best of our knowledge and belief and nothing material has been concealed.
Husband’s Signature
Wife’s Signature
Notary Attestation
(Notary Stamp & Seal)
Marriage Affidavit vs Marriage Certificate – Key Difference
The legal distinction between the affidavit and the certificate is important: one is a statement of truth, and the other is a government-issued legal recognition of a fact.[1] [6]
| Aspect | Marriage Affidavit | Marriage Certificate |
|---|---|---|
| Issued By | Notary Public (Certifies the signature/oath). | Registrar of Marriages (Government Authority). |
| Purpose | Proof of eligibility, consent, and identity before registration. | Legal recognition of the marriage after registration. |
| Accepted For | Administrative applications (Visa, Name Change). | Definitive legal proof (Inheritance, Property Rights). |
| Legal Weight | Sworn evidence (Prima Facie Admissible). | Statutory proof of marriage (Conclusive Legal Proof). |
How NoBroker Can Help with Marriage Affidavit in Mumbai
NoBroker simplifies the critical process of obtaining your legally required marriage affidavit in Mumbai by providing expert, verified affidavit services that comply with local registration requirements. We provide ready-to-use affidavit templates for marriage certificates in Mumbai, drafted by legal experts, ensuring all mandatory clauses are included, and the correct stamp paper value is used. NoBroker connects you with licensed Notaries Public, ensuring quick, secure, and fully compliant notarization and accelerating your marriage registration process.
