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Saturday, April 27, 2024

Role of Single Status Certificate to Marry in Malaysia

Posted in: Family Law
Sat, Sep 28, 19, 18:07, 5 Years ago
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The certificate of no marriage determines that its bearer is unmarried and in a capacity to solemnize marriage with anyone. India has SDM office, MEA and embassy to get it attested. The person can visit the notary officer for getting its affidavit first, showing all authentic proves of birth, address and citizenship.

Most of the Malaysians follow the religion ‘Islam’. Despite being a multicultural and multi confessional country, people here prefer foreigners to get converted before marriage. So, you should be open to this alternative, if you really want to settle there permanently.

However, you will be fortunate if you get someone who is ready to marry without any conversion.

What documents are needed to marry a foreigner (as an Indian with a Malaysian)?

The non-native (of Malaysia) should have these documents:

  • Original and photocopy of the passport carrying personal details, latest arrival date in Malaysia and a valid visa or pass
  • Special pass is not acceptable
  • Original and photocopy of the birth certificate
  • Original Single Status Certificate or Unmarried Certificate from the native country of the foreigner

Where do you get an affidavit of single status in India?

You should remember that India does not have a separate authority to issue such kind of a document. But, its need can be fulfilled if you visit the DM or SDM office in your locality. Every district in India has an SDM appointed.

But first, you should go to notary officer and ask for issuing an affidavit of single status. He requires some proven documents to certify that you are a bachelor. Those documents can be your birth certificate, your Aadhaar Card or PAN Card or driving licence or property papers wherein your name would be listed as a legal owner of that property.

Then, this affidavit will be exposed to the Home Department/ Ministry of External Affairs later for attestation. This is how it could be stamped as a legalized document. Subsequently, the embassy approves it.

What documents are required for getting the unmarried certificate in India?

You should have this set of documents to show to the DM or SDM:

  1. Affidavit (It is a sworn document stating name, address, date of birth, parents name, passport number clearly and flawlessly on a stamp paper).
  2. Address proof, which could be any of these- Bank Passbook, Voter ID, Aadhaar Card and Rental Agreement etc.
  3. Birth proof, which could be your birth certificate or school certificate.
  4. An affidavit from parents, acknowledging that their ward is single.
  5. If the applicant is a divorcee, enclose Decree Absolute.
  6. If the applicant’s former spouse is no more, attach the death certificate of the late spouse.

Upon getting the attested single status certificate from the SDM office, you must check if it reads all about you correctly. Otherwise, your application for marriage could be rejected due to serving inconsistent information. So, double check your document before moving ahead to attest it from the MEA and Embassy.

What challenges can you face?

  1. It is critical to get a stamp of the SDM on your affidavit. You may find a bunch of crooks outside the office who does not know about such certificate. Such staff members may all ears, but eventually they may not prove a great hand. You may have to wait for hours outside the SDM chamber.
  2. To justify that you’re single is indeed not a cakewalk. This is why you should carry along a declaration from your parents, stating you’re single and free to marry with. However, this declaration is not mandatory according to the law.
  3. When you would like to get your certificate apostilled, certainly you have to visit the MEA authority. But unfortunately, the ministry does not administer such requests directly. It has already deployed some attestation agencies to take care of such requirements. They bring such applications in bunches to get them apostilled. This is a paid service. So, you should be ready with some currency in hundreds to pay for. Those who ask for thousands of rupees could trap you. So, be aware of them.
  4. If, anyhow, you won’t come to India and urgently want this certificate, you can appoint an attorney to get its all formalities done. Make sure that you would write and send a letter of authorization in the name of that person, preferably a family member who could get it on your behalf.

As per my knowledge, the authority seeks just INR 100 to issue the certificate of no marriage in India. Besides, you should ensure that your single status affidavit carries this set of information:

  • Name
  • Parent’s name
  • Permanent address
  • Declaration for being a citizen of India
  • Passport number, place of its issuance and expiry
  • Sworn statement of being unmarried
  • Health condition

End Note:

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