LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sameer12345 (SSE)     21 November 2012

Cancellation marriage certificate from marriage register!!!

Scenario:

 

1) Wife and Husband both have registered their marriage  by submiting divorce deed and marked as previously divorced.

 

2) Wife wants to hide her previous marriage in her Maintenance case. Surely, she will try to hide the same in upcoming false 498a case too.

 

3) Her purpose is to destroy evidence of matrimonial home and simulteniously hide the previous marriage details. Her matrimonial home is not the one that she has mentioned in her petition. 

 

Can wife alone cancel registered marriage and cancel her marriage certificate without informing husband from marriage register?



Learning

 6 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     21 November 2012

a wife cant cancel  marriage certificate and marriage certificate cannot be cancelled by husband or wife . Its is registered with registered marriage office.

Adv. NIKHIL SETH

Mumbai

1 Like

Sameer12345 (SSE)     21 November 2012

Is registering UNLAWFUL marriage an offence?

 

if it is an offence, who can file a case?

Adv. Nikhil Seth (legal consultant (9867264707))     21 November 2012

can you tell unlawful marriage in what terms, throw some more light on unlawful marriage.

Adv.NIKHIL SETH

 

Mumbai

Tajobsindia (Senior Partner )     21 November 2012

How does it matter if wife has not mentioned in present litigation if she was divorcee in ongoing civil litigation and what effects does it carry in criminal cases? All you can do is to rebut her single status by stating facts.

Surely the present litigation is fought on present set of allegations is it not?

As far as previous matrimonial address is concern then one has to only rebut the set of allegations she is leveling to set jurisdiction of current competent Court, I donot see it as a big deal and hence it can itself be challenged if the petition is filed from a wrong jurisdiction.

A Registered marriage Certificate cannot be canceled unlike in
USA
it can only be decreed as divorced.

Your whole brief is wrongly worded is my view.

1 Like

Sameer12345 (SSE)     21 November 2012

Thank you.

 

I forgot to mensioned that the case CRPC 125 is ongoing.

 

Second Marriage is performed in the form of NATA-PRATHA in which Saptpadi is not included.

 

Further, She has mentioned that the marriage is as per HMA and with Saptapadi. ( which is total false claim) ( I still don't know why she has said so)

 

Such marriage is void in the eyes of law, I have read it somewhere. 

Tajobsindia (Senior Partner )     21 November 2012

Quote "Thank you. Sorry I forgot to mensioned that CRPC 125 is ongoing and which is not a civil case. and it is filed at place where she is currently residing. Marriage has been solemnized  at my city and it is registered in my city too. Further information. Property value of Matrimonial Home is very less and EMI is also ongoing. She has mentioned different address of matrimonial home in present petition CRPC 125 and given other address where my family members are residing. So that in case if required she can pray for property attachment in future. This is my worry."

Above message is not showing here but above modified one shows in my email. However this opening observation beside the point my reply is;

1. S. 125 CrPC is quasi civil case and is a social benevolent provision. Procedure wise CrPC applies but it is not a pure criminal complaint case in pure procedural nature. It is also having Bar of Family Court Rules so there goes for a toss your objections.

2. She can jolly well institute S. 125 CrPC litigation from her current residence place.

3. Only if there is order on maintenance and you default she will file Execution and pray for salary or property attachment. How doe sit matter now pointing to different properties when no interim or final order has been announced and no default taken place? You can jolly well file under Affidavit all these EMI's as statutory deductions towards your liabilities and no one stops you from doing so as persuasive pleadings before interim or final maintenance are decided.

4. When the marriage took place at X city that is jurisdiction OR where the marriage was registered is Jurisdiction OR where parties lived together OR where the aggrieved woman is currently living is also Jurisdiction and all these jurisdiction is allowed especially in S. 125 CrPC. Unless objected in first instance in S. 125 CrPC it is difficult to change jurisdiction as it is based on giving “quick” remedy to a destitute woman and or with child.

Now if you want then can approach HC if mentioned two cities are in same State OR approach SC if two cities falls in different States by burning money in raising Appeal in higher Court(s) respectively and seeking transfer of case to your Jurisdiction where marriage took place and parties last lived.


---------------------------------------------

Now replying to modified message of yours;

A. You are absolutely right if prevailing customs and usage says so of parties to void the marriage. I recall placing such citation here very long time ago under one similar discussion.

B
. But here the main issue is that parties themselves say there exists Marriage certificate. Also the length of staying or desertion of parties (as the facts in pleadings may come out to be is what I mean here) also leads to pre-assumption of a marriage between parties !

So in that event my guess is she will get if eligible (in the sense if she is not working and not educated is what I mean and not the peculiar customs and usage here) interim maintenance till marriage is made void by instituting separate Application under challenge. It is peculiar argument based deal now.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register