agreement of marriage

Pardeep Kumar (Querist) 26 January 2014 This query is : Resolved
R/experties
I want to know how a marriage agreement can be cancelled.
The marriage agreement was attasted by notary. The agreement was executed by in 2011. Because of bad character of girl, boy don't want to rescind the marriage agreement.

Thanks.

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Advocate. Arunagiri (Expert) 26 January 2014
Please produce the copy of that marriage agreement signed by the parties and notary, based on this we will give opinion.

Guest (Expert) 26 January 2014
When the agreement it self not enforceable no question of cancellation

Pardeep Kumar (Querist) 26 January 2014
Rankumar sir. Its mean the agreement executed before notary are not enforcible by law or nat a valid contract

ajay sethi (Expert) 26 January 2014
if marriage between parties has taken place it cannot be cancelled by agreement . such a marriage can be dissolved only by court granting divorce .

Advocate. Arunagiri (Expert) 26 January 2014
Mr.Ajay, the querist says that the marriage itself performed by way of agreement, that too notarized. The question araises whether it is a valid agreement. The question araises whether it is marriage in accordance with law.

Devajyoti Barman (Expert) 26 January 2014
No marriage can be performed by way of agreement. In India pre nupital agreement has no force.

Guest (Expert) 26 January 2014
@Author Yes

V R SHROFF (Expert) 26 January 2014
Are they HUSBAND AND WIFE?? OR LIVED TOGETHER AS h-w??
ANSWER MUST BE "NO"

Under the circumstances, it is void.

Raj Kumar Makkad (Expert) 26 January 2014
The word marriage is used by querist so no other meaning should be derived thereof.

Now come to real problem. After marriage, the relationship of husband and wife can be broken permanently by way of a court decree and not by rescinding of the agreement even otherwise a Hindu marriage is not a contract/agreement..

Rajendra K Goyal (Expert) 27 January 2014
Query is not clear whether agreement is after marriage or marriage has taken by agreement only and not by customs? Whether it was registered or not? If marriage has taken place whether marriage has been registered as per law? Whether the agreement is regarding they would enter into the agreement.

Without going into the terms of agreement nothing fruitful can be advised.

T. Kalaiselvan, Advocate (Expert) 27 January 2014
Marriages performed under Muslim marriage law are contract in nature unlike other religions. Here if the author is referring to the betrothal as marriage agreement executed before a notary, the answer is that it is not legal. further such things cannot be executed before a notary, only an affirmation of an affidavit or any other thing can be made in his presence or before him. Therefore the agreement will not hold legal validity.

Guest (Expert) 28 January 2014
Respected Mr.T.Kalaiselvan.Is the author told you he is a muslim PLEASE ADVISE THE QUERISTS TO THE BEST OF YOUR KNOWLEDGE WITH OUT DEFAMING ANY RELIGION OR CASTE> SURPRISINGLY WHERE MUSLIM COME FROM AUTHOR

T. Kalaiselvan, Advocate (Expert) 29 January 2014
@expert Mr. NJSR alias Narasimha: I humbly request you to not to read between the lines, if you go through my answer properly you will find out what I was intending mean by it. The author's query is marriage agreement, i.e., contract. I was referring to the distinction in law between Hindu and Muslim law of marriage: A Hindu marriage is essentially a religious sacrament whereas the Muslim marriage is in the nature of civil contract, with all its incidents of offer and acceptance, presence of witnesses and necessity of consideration. This was just a comparison to the author's query of marriage agreement and not with any intention to defame any religion or caste. You seem to use very strong words against many experts without giving a patient look at the issue. So I meant that except Muslim marriage no other marriage can be made on contract, hope you understand, if not it is up to you to mis-interprete the way you feel.

Guest (Expert) 29 January 2014
Mr.T.Kalaiselvan thank you for the Response.Do not confuse and bring in Muslim marriage in to picture which is totally irrelevant

prabhakar singh (Expert) 29 January 2014
i am sorry for your absurdity author!

by name you are hindu so only hindu law would be applied to your case.

an agreement to marry is not specifically enforceable.

but my dear author what should i understand by your sentence" Because of bad character of girl, boy don't want to rescind the marriage agreement."
if " don't " has appeared inadvertently you can rescind this marriage agreement.

agreement of marriage

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