cancellation of registered marriage
jatinkumar
(Querist) 13 December 2012
This query is : Resolved
pls help me : my client did regiestered marriage in oct of this year after she appered 18 .but now she realised her foolishness and she want to cancel this marriage she is 18. pls let me no the procedure to cancel registered marriage
ajay sethi
(Expert) 13 December 2012
you need divorce . marriage has already take place .
R.K Nanda
(Expert) 13 December 2012
divorce by court is the only remedy.
V R SHROFF
(Expert) 13 December 2012
REGISTERED MARRIAGE need Divorce by Court Order & Decree. They cannot cancel marriage.
Raj Kumar Makkad
(Expert) 13 December 2012
I think you are representing husband side. Though marriage can be got annulled by either side under section 12(1) of HMA but it shall be better to mutually resolve the matter.
The short facts do show that this is a love marriage of minor aged parties which was registered immediately on attaining 18 by that girl.
If that girl is not stick to lie with her husband, there is no use to contest rather ensure dissolution of such 'forced' or say not with free mind either under section 12(1) of HMA or under section 13(b) of HMA as earliest as possible.
prabhakar singh
(Expert) 07 April 2013
But for that it was a registered marriage between the two you have told nothing.
A marriage under HMA first need to go through rituals and ceremonials where after
it marriage so solemnized is registered.No marriage throgh registration takes place under HMA.
Marriage solemnization by registration can take place only under special marriage Act,before the registrar following procedure laid down therein.
Anyway a marriage once solemnized under any of the two aforesaid legislations can not be cancelled or annulled by any instrument
even when spouses agree for that,then what and why to think about exparte cancellation
In your case if the girl's consent was due to some fraud or undue influence or coercion or misrepresentation acted upon her,then annulment is advised;
otherwise if she has some divorce
ground then relief of divorce is advised.
