Sanjay 25 June 2023
My friend got married in Arya Samaj Mandir for which the Mandir issued the marriage certificate after the marriage. As a pre-requisite the Arya Samaj mandir required both boy and girl to submit affidavits from their side before marriage. After the marriage my friend found that some fact/assertion in the affidavit of the spouse is false. Now my friend wants to challenge the marriage itself. Is this sufficient to challenge the marriage and file for annulment?
Dr. J C Vashista (Advocate ) 25 June 2023
The marriage can be annulled / declared as null and void under section 12(1)(c) of Hindu Marriage Act, 1955 if there is some facts before marriage have been concealment. .
T. Kalaiselvan, Advocate (Advocate) 26 June 2023
Basically the arya samaj cannot give you any marriage certificate because they are not government body authorised to issue any marriage certificate.
They can give a certificate stating that the marriage took place or solemnised under their supervision or they have witnessed the marriage, so that this certiicate will be valid for registering the marriage with the marriage officer after that.
However if this marriage was solemnised as per the Hindu marriage rituals then this will be a valid marriage in the eyes of law, therfore for this reason you cannot get the marriage annulled until and unless the facts stated in the affidavit are found to be false and a material that has been essential for marriage an the same was suppressed
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