After getting married, one of the many administrative tasks is updating official documents with the new address. A common hurdle many individuals face is updating their Aadhaar card address to their spouse’s residence, especially when the official marriage certificate is delayed or unavailable. For instance, Mrs. Priya moved to the city of Suryanagar after her marriage to Mr. Rohan. While applying for an address change on her Aadhaar card, she realized she did not have a marriage certificate, which is often considered a primary document. Fortunately, the Unique Identification Authority of India (UIDAI) provides several alternative methods to handle this situation, ensuring that essential services linked to Aadhaar are not disrupted.

Advice in such cases

If you find yourself in this situation, do not worry. There are established procedures to update your address without a marriage certificate. Here are some key pieces of advice:

• Use the Head of Family (HoF) Based Update: This is the most common and recommended method. Your spouse can act as the ‘Head of Family’ and consent to you using their address. This process can be initiated online through the myAadhaar portal.
• Utilize Other Valid Proof of Address (PoA) Documents: UIDAI accepts a wide range of documents as proof of address. If you have any other document listed in your name with the new address, such as a recent bank statement, passport, or a registered rent agreement, you can use it directly.
• Ensure Correct Documentation: For an HoF-based update, you will need a Proof of Relationship (PoR) document. This could be a passport showing the spouse’s name, a ration card, or even a self-declaration form in the format prescribed by UIDAI.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The process of Aadhaar enrollment and updates is primarily governed by the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, and the regulations set forth by UIDAI. This is an administrative procedure and does not typically involve criminal law. However, providing false information or documents during the update process is a serious offense. Under the new legal framework, such an act could potentially attract penalties under provisions like Section 203 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which deals with furnishing false information to a public servant.

If you are the complainant

If you are the person initiating the address change request (the applicant), follow these steps to ensure a smooth process:

• Gather Your Documents: Decide which method you will use. If using the HoF method, ensure you have a valid Proof of Relationship document and your spouse’s Aadhaar number ready. If using another PoA, make sure the document is valid, in your name, and clearly shows the new address.
• Online Application: Use the official myAadhaar portal for the quickest service. Fill in the details carefully and upload clear, scanned copies of your documents.
• HoF Consent: If you choose the HoF-based update, your spouse will need to log in to their myAadhaar portal and approve your request within 30 days.
• Track Your Request: After submitting, you will receive a Service Request Number (SRN). Use this to track the status of your application online.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If your address update request gets rejected or you face procedural difficulties, you are not without recourse. Here’s what you can do:

• Check Rejection Reason: First, use your SRN to check the specific reason for rejection on the UIDAI portal. It could be due to an unclear document, incorrect details, or the HoF not providing consent in time.
• Rectify and Re-apply: Once you know the reason, correct the mistake and re-submit your application. For example, if the document scan was blurry, upload a clearer copy.
• File a Grievance: If you believe your request was rejected unfairly despite providing valid documents, you can file a grievance through the UIDAI portal or by calling their helpline number, 1947.
• Visit an Aadhaar Seva Kendra: For complex issues, a visit to an official Aadhaar Seva Kendra can be very helpful. The staff there can provide in-person assistance and clarify the requirements.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

For a standard Aadhaar address update, the police have no role to play. This is a purely civil and administrative matter handled by UIDAI. Police involvement would only arise in exceptional circumstances where there is a formal complaint alleging a criminal offense, such as forgery, identity theft, or providing false information to cheat someone, which might be investigated under the provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS). For a regular citizen following the prescribed UIDAI process, there is no reason to interact with the police.

FAQs people normally have

Here are some frequently asked questions regarding this process:

• Can I use my spouse’s Aadhaar card directly as proof?
  Yes, this is done through the ‘Head of Family (HoF)’ based update process on the myAadhaar portal. You will need your spouse’s consent and a document proving your relationship.
• What documents can be used as Proof of Relationship (PoR) for an HoF-based update?
  UIDAI accepts various PoR documents, including a passport showing the spouse’s name, ration card, birth certificate, or a self-declaration submitted by the HoF in the UIDAI-prescribed format.
• What if I don’t have any of the listed PoA or PoR documents?
  You can use a certificate of address issued by a Gazetted Officer, MLA, MP, or certain other designated officials on a standard UIDAI format. This can serve as a valid PoA.

What evidence is required?

To update your address without a marriage certificate, you can use one of the following:

• For Head of Family (HoF) Based Update:
  • Proof of Relationship (PoR) document: This can be a ration card, passport with the spouse’s name, or other government-issued family documents. A self-declaration by the HoF in the prescribed format is also an option.
  • The HoF’s Aadhaar number and their consent, which must be provided online.
• For Self-Update using other Proof of Address (PoA):
  • Passport in your name with the new address.
  • Bank Statement or Passbook (not older than 3 months).
  • Post Office Account Statement or Passbook.
  • Utility Bill (electricity, water, gas) not older than 3 months.
  • Registered Rent/Lease Agreement.

How long will the investigation take?

The term “investigation” is not applicable here; it is a verification and update process. After you submit your request and all documents are in order, UIDAI typically processes the address update within 7 to 30 days. However, in some cases, it may take up to 90 days. You can track the status of your request online using the SRN provided at the time of application.

Advocate Sudhir Rao, Supreme Court of India