Why and When is this Affidavit Used?
- For the registration of marriage under the Hindu Marriage Act/Special Marriage Act.
- To establish marital status to apply for visa/passport purposes or immigration.
- For appointments in government services for which married status needs to be mentioned.
- To act as a testimony for marriage for the purpose of insurance, nominations, pension claims, etc.
- Court cases in which marital status has to be legally verified.
Purpose of the Affidavit:
- To legally affirm marriage details concerning the spouse, date, and place of marriage.
- To confirm that the marriage was valid and conducted under the Hindu rites without violating any prohibited relationships.
- To affirm that there are no existing spouses, as bigamy is prohibited under the law.
- To give a sworn statement of marital status acceptable to government institutions, banks, embassies, and courts.
Importance:
- Provides evidence of marital status when certificates are not available.
- Stops fraudulent claims of marriage or bigamy.
- Needed to transfer property and inheritance nomination be made after the marriage.
- Helps in immigration or visa issues, which require a certificate of marriage.
FAQs on the Marital Status Affidavit
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Q1: Is this affidavit the same as a Marriage Certificate?
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No. The marriage certificate is issued by the Registrar of Marriages, whereas the affidavit is a self-declaration of marriage status. Often both are required.
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Q2: Who requires this affidavit?
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Passport office, embassies, visa authorities, marriage registrars, banks, and sometimes employers.
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Q3: Can a single person also file a marital status affidavit?
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Yes. Unmarried persons often file a single status affidavit (especially for marriages abroad).
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Q4: Is stamp paper required?
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Yes, usually ₹10 or ₹20 non-judicial stamp paper, attested by a Notary/Oath Commissioner/Executive Magistrate.
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Q5: What details must be included?
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Date & place of marriage, spouse details, religion, age at marriage, confirmation of no prohibited relationship, and citizenship.
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Q6: Can it be challenged in a court?
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Yes, if there are false statements. Since this is a sworn legal declaration, giving false information can lead to perjury charges.
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Q7: Validity of this affidavit abroad?
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Yes, if attested by an Indian Embassy/Consulate when required for foreign authorities.
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Q8: When is it still mandatory even with a marriage certificate?
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In immigration/visa cases, many countries (e.g., Canada, UAE) need both marriage certificates and affidavits for authenticity.
Downloads & Resources
Legal Affidavit Document
AFFIDAVIT
I, ________________________________ S/o. / D/o. _____________________________ R/o ____________________________________________________________________, Age ________ do hereby solemnly affirm and declare as under:-
1. That I got married to Mr/Ms __________________________________________ S/o / D/o. Sh ______________________________________________________ R/o.______________________________________________________________ on ___________________ (date) at _____________________________________ according to Hindu rites and ceremonies.
2. That my date of birth is ____________________ and at the time of marriage I was __________ years old.
3. That I was unmarried till the time of marriage on ___________ (date) and/or I did not have any other living spouse at the time of marriage.
4. That at the time of marriage I was not related to __________________________ S/o / D/o. _____________________________ with the prohibited degree of relationship and not spinals as per the Hindu Marriage Act.
5. That I belong to Hindu Religion
6. That I am a citizen of India
Deponent
Verification:
Verified at ________________ on _________________ that the contents of this affidavit are true and correct to the best of my knowledge and nothing has been concealed therefrom.
Deponent

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