Affidavits in Marriage Banns and Prenuptial Enquiries

AFFIDAVIT

1. Why Affidavit is recommended before the prenuptial enquiry for the Marriage?

In the Prenuptial Enquiry forms published and used in the Telugu Regional Dioceses, we find most important queries like: (1) Date of Birth, (2) whether the present marriage FIRST or SECOND, (3) whether there is proper consent between the proposed candidates for the Sacrament of marriage, (5) whether there is any impediment of consanguinity.  

2. How an Affidavit is helpful for the Parish Priest and the parties in the future?

A Notary Public verifies the date of birth and confirms by his attestation basing on the proof of an ID like SSC/Anganavdi/Aadhar/Hospital. The most validated ID would be SSC mark list and Anganvadi or Hospital. In the same way, he confirms that the present marriage between the partners whether FIRST or SECOND by the oath sworn by the parents of the parties and the partners themselves. In this way the Parish Priest would be freed from the legal burden in the future, in case, a ratified and consummated marriage intends to take legal proceedings.  

3. What is an Affidavit?

An affidavit is a written statement made under oath that is typically used in legal proceedings. When a person swears to be truthful in creating the affidavit, they are called an affidavit. Affidavits are vital part of court proceedings since they provide a written account of the details which can make easier for judges to make decisions.

4. When are Affidavits used?

Affidavits commonly used in: Divorce court, Name change verification, to confirm identity, Residency Verification, confirmation of the legal documents, debt dispute, property disagreement, and etc., However, in some cases, affidavits are voluntary, and they are mandatory.

5. The purpose of an Affidavit

The purpose of an affidavit is to formally legitimize. For an affidavit to be valid, the person who signs it must be personally aware of the facts within the affidavit and they must take an oath that they are 100% honest within the affidavit.

6. Types of Affidavits

The types of Affidavits are mostly of (1) Affidavit of Domicile, (2) Affidavit of Heirship, (3) Affidavit of Marriage, (4) Financial Affidavit.

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Canon Law: Notary C. 483

Canon Law calls the Notary public - The Chancellor, Notary or Other Notaries (cc. 482-491)

Notaries: The Chancellor and vice Chancellor are also the notaries and secretaries of the curia.

Canon 482 - § 3. By reason, of being chancellor and vice chancellor they are notaries and secretaries of the curia.

Canon 483 - § 1. Besides the chancellor, other notaries can be appointed whose writings or signature establishes authenticity for any acts, for judicial acts only, or for acts of a certain case or affair only.

                - § 2. (……………)…….. , the notary must be a priest.  And the chancellor need not be a priest as in the 1917 code (CIC 372, §1).

Commentary

The areas of competence for these notaries should be indicated in their letters of appointment. The general function of an ecclesiastical notary is similar to that of a civil notary or notary public. By the act of signing a document the notary attests to its authenticity. The range and variety of acts and documents that a notary will encounter and authenticate will depend on the nature of the diocese and the position description for the individual. Since the notary’s signature authenticates documents, there must be no hint of dishonesty or taint of suspicion regarding his or her character. Therefore, the chancellor and other notaries are to be people of unimpaired reputation. The chancellor (s), notaries are to maintain the levels of confidentiality required of the position by promise.

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Functions of the Notaries

Canon 484 – It is the duty of notaries: 

- to draw up the acts and instruments regarding decrees, dispositions, obligations, or other things
which require their action;

- to record faithfully in writing what has taken place and to sign it with a notation of the place,
day, month, and year;

- having observed what is required, to furnish acts or instruments to one who legitimately
requests them from the records and to declare copies of them to be in conformity with the original.

Canon 485 – The chancellor and other notaries can be freely removed from office by the diocesan bishop, but not by a diocesan administrator except with the consent of the college of the consultors.

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1. What is to be keenly observed when an affidavit is submitted by a Notary public before a Parish Priest goes for Prenuptial enquiry through the marriage banns?

Address of the Notary                                                  

I, Mr/Mrs………………Advocate and Notary, hereby certify that on this day of the date………..in this month of……..20…., the above signatories appeared before me and admitted that the facts stated above are true and correct. And they signed this document of affidavit in front of me.

Present Notarial Registry Ref:

Notarial Present Action Number and Date:

Notary Registration and Validity Date:

Area of Practice or If extension of Practice (CCG):

Signature of the Notary and Advocate

          Notarial Seal

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NOTE: Infront of the name of the woman there should be husband’s family name and there should be her father’s family name in the ( ) bracket followed by her name. (2) All the papers, along with main STAMP paper, should be affirmed by the NOTARIAL seal and SIGNATURE of the NOTARY.

The Role and Responsibilities of Notaries in India: The Notaries Act, 1952

Central Government Act: The Notaries Act, 1952

1. What is Notary?

- A notary, also called a notary public, is a person authorize to witness the signing of legal documents. A notary verifies and witness the Legal documents.

- Appointment and Salary (section 3) Section 3 gives power to CG and SG to appoint Notaries

- For the whole of India or part of India, and whole of state or part of the state.

- A Notary is appointed by the Government authority when a lawyer is of 10 years of membership in the legal service of central or Judicial service. And it the term varies for SC/ST/Woman.

- A procedure is followed in appointing a Notary for a period of less than 5 years.

- Notaries do not obtain salaries but earn income by charging fees for services rendered.

2. What are the Functions of a Notary (Section 8)?

- To verify the authenticity of legal documents and create a trustworthy environment to an agreement between parties, approving the original signatures from the parties as well as photo identification of the signatories.

- Record the identification and agreement. 

- Maintains the journal.

- Bearing witness to the Government on behalf of the client. 

- A Notary awards a notarial certificate and appends the seal of the notary on the document.

3. What is Area of Practice and Extension of Area of Practice?

A Notary public who is already in possession of a certificate for a particular area is validated to practice in the same area which he had applied for. He may apply for extension of his area. For this, the Notary public is to file the application along with fee to the appropriate government.

4. Renewal of certificate?

- The certificate of practice may be renewed for a further period of five years in the prescribed application along with the payment.

- Is he subject to Removal?

- The Government authority that appoints a notary can also remove from the same office by Section 4.

 

5. Does hold a Seal?

Every notary will have to have a circular seal of 5 cms, bearing his name, the name of the area in which he has been appointed to exercise his functions, his registration number and the and the circumscription NOTARY and the name of the Government appointed him as Notary.

6. What is Fee payable to Notary?

Rule 10 provides that every Notary shall not levy fees not exceeding the rates mentioned in the rule. For an example we take one of them:  For administering oath to, or taking affidavit form any person = Rs 35/-.

7. Does he hold a Register?

Every Notary shall maintain a Notarial register in From No. XV. Each activity is to be noted in the register along with the signature of the Notary. The register is subject to the inspection of District Judge or authorized officer by the Govt. not less than twice a year.

8. Who does he submit his Annual Return?

Every notary shall, in the first week of January every year, submit to the appropriate Government an Annual Return in Form XIV of the notarial acts done by him during the previous year.

Guidelines for Issuing Parochial Certificates ( Canon 535)

Parochial Registers and Certificates ( Canon 535)

The Canon strictly speaks of maintenance of the Parochial registers and the due care in the issuance of the certificates. And in the background of the Judiciary proceedings, the issuance of the parochial certificates face lots of care and diligence.

When a Certificate issued by the Parish Priest:

- When one partner requests for the marriage certificate, it is always better to demand for the application to the Parish Priest duly signed by both the partners. If one partner asks for it (in the case of divorce in the civil court) it is better to have a letter from the concerned lawyer.

- There should be the name of the archive on the certificate.

- There should be Ref. number of the concerned registry with year, month, and date;

- There should also be Ref. number of the concerned act done by the priest with Year, month, and date.

- It is always suggested to mention – it is VALID ONLY for the PURPOSE of ………. in the PRESENT certificate being issued on the certificate itself, otherwise there is chance of utilizing it for many acts in many long years coming ahead in the future.

- It is highly recommended not to submit any parochial register to any Judicial court but liable to demonstrate for verification on the proof of the fraud.

Affidavit Formats for Bride and Spouse in Prenuptial Enquiry

FORMAT OF AN AFFIDAVIT

(SPOUSE)

We, Mr. ………………….…..….S/o Mr. ……………………..(late) and Mrs………………….(father’s family name) (late) aged/aged above ……….years, occupation is agricultural labor/profession of….., resident of………………….…….(v), ……………... (M) (Dt) AND Mrs. …………….…..(father’s family name) (late) D/o Mr.…………………....Mrs……………………(father’s family name) aged/aged above ………….years, occupation is agricultural labor/profession of……………...., resident of………………..….(v), …………..……… (M) ……………….. (Dt) do hereby affirm that:

 

1.  We are citizens of India. Our daughter Ms. ……………..……born to us on……………in the month of …….19…./20…. at ………………. (V)…………….…..(M)………..…..(Dt). The same stated above was registered in the registry of………..……..and thereby entered in Anganavadi/SSC/aadhaar/ with duly given Identity Number………..……..by the respective authority.

2.   We have direct knowledge of our daughter Ms…………………...who was born to us, and we were in the state of legally married at the time of his birth.

3.  This affidavit is being submitted in support of the birth and parentage of our daughter Ms……….……

4.   We affirm under penalty of perjury and upon personal knowledge that the above statement and facts are true and accurate to the best of our knowledge in facilitating this information.

A. I, Ms………..………..D/o Mr…………..……..Mrs………………(Father’s family name) have NO marriage and matrimonial relationship with any one till now. This is my FIRST marriage.

B. I do hereby declare that the facts stated above are all true and correct to the best of my knowledge. And I permit the Law to take necessary legal action upon me, if any of my information stated above found false and incorrect.

 

 

                                                                                                                                Signature of the Party

 

                                                                                                                           Parents’ Signatures

 

Address of the Notary

I, Mr/Mrs…………………………Advocate and Notary, hereby certify that on this day of the date………..……..in this month of……...20…..., the above signatories appeared before me and admitted that the facts stated above are true and correct. And they signed this document of affidavit in front of me.

 

Present Notarial Registry Ref:

Notarial Present Action Number and Date:

Notary Registration and Validity Date:

Area of Practice or If extension of Practice (CCG):

Signature of the Notary and Advocate                        

 

Notarial Seal

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NOTE: Infront of the name of the woman there should be husband’s family name and there should be her father’s family name in the ( ) bracket followed by her name. (2) All the papers, along with main STAMP paper, should be affirmed by the NOTARIAL seal and SIGNATURE of the NOTARY.