Marriage to be declared void
M.K.MISHRA
(Querist) 08 November 2014
This query is : Resolved
My daughter aged 27 years left the home and got married in August 2014 with the son of her mother’s sister; in brief they are sapindas being daughter and son of two sisters as law laid down in Section 5 (v) of H.M.A. Both of them had filed false affidavit that they are not close relatives to each otheras per Hindu law and got married in Arya Samaj Mandir.
The married couple is living at some unknown place in India. Police authorities are supporting the boy’s family and married couple for some vested reasons.
As a father of daughter I wish to file a petition in Civil Court to get marriage declared null and void because the custom and society does not permit the above said marriage in Brahmin’s of Hindus of central India .
You are therefore requested to kindly suggest
(a) Whether a father of daughter can file a petition to get marriage void ?
(b) Where to file petition means in Family Court or Civil Court or in High Court ?
(c) whether my petition will succeed?
Please suggest any other way to get my daughter back because the boy has used the black magic / muslims nushke to had vasikaran on my daughter which I cannot prove and neither Court of law believe it.The boy’s family supports him for this illegal marriage.
An early reply is humbly requested .
With regards,
Guest
(Expert) 08 November 2014
Dear Author,The Statements of your self really hurts.But I think it is Too Late.Even if you do not wish to Forgive them Better Forget them And Try to Lead your Life Pleasantly and happily Forgetting them.The Legal Actions with out their Consent and Interest would lead you in to more Stress and Strain Only.Better Forget them.Lead Rest of your Life Happily.
Devajyoti Barman
(Expert) 08 November 2014
You can not file such case even if the marriage is void.
Decree of court is not necessary if the marriage is void as nothing new is declared by court.
They are adult and let them face the harsh world on their own.
I can understand your pangs but unless you forget and forgive it would increase day by day.
Sudhir Kumar, Advocate
(Expert) 09 November 2014
either husband r wife has to file case for nullity of marriage or criminal action against each other for false affidavit.
V R SHROFF
(Expert) 09 November 2014
I am with views of experts.
Few brothers and sisters got their children married to get permanent visa of UK, by such void marriage.
Even UK Govt, did not object their [cousin] marriage or stop their entry in England!!!
IF YOU GET HOLD OF UR DAUGHTER; CUSTODY OF UR D WILL NOT BE GIVEN back to HUSBAND,[ by any court of law in India or by Police] AS he had no legal relationship, and Father is a natural guardian of unmarried girl till her marriage ; and have legal custody!! it's Law.
But if your daughter wants to live with him, NO ONE CAN STOP HER, SHE BEING ADULT.
T. Kalaiselvan, Advocate
(Expert) 13 November 2014
No doubt your tale is indigestible and pitiable. But you have no choice than to be a silent spectator to the events happening before you.
