How can i cancel the registration of marriage certificate?
saurabh gaur
(Querist) 23 February 2018
This query is : Resolved
I Saurabh Gaur got married to Pallavi Sharma on 4 April 2016 at Arya Samaj Mandir Trust and registered the same marriage on 13 April 2016 and received the marriage certificate then attested with MEA Delhi. With this marriage certificate I applied for Italy Visa for my wife which is now rejected by the Italian Embassy of Delhi and the reason they gave that the place where our marriage was solemnized i.e. Arya Samaj Mandir Trust, is not a temple but a trust duly it is invalid and according to that my marriage certificate is also invalid.
Is there any provision that I can cancel the registration of my marriage certificate without divorce, so we can marry again and register that marriage as per the requirement of Italian Embassy?
or what can we do, any suggestion?
Thank you
Vijay Raj Mahajan
(Expert) 23 February 2018
Get married under the Special Marriage Act,1954 once again without disclosing about the Hindu Marriage that was solemnized in the Arya Samaj Mandir Trust that was considered invalid by the Italian immigration. Just for your knowledge in Delhi High Court petition with regards to validity of marriage solemnized in various Arya Samaj mandir in Delhi is under consideration and that's the reason your marriage was not held valid.
For detailed case discussion you can contact me.
vijaymahajan5758@gmail.com
Kumar Doab
(Expert) 23 February 2018
If the said trust was not fake/unscrupulous the marriage should be valid in India.
Check with authorities of Arya Samaj and ask them to certify..
If IT was not fake then one perspective is ; Approach the O/o Marriage Registrar at Place where said marriage solemnized and register the marriage.
e.g; GO thru;
http://delhi.gov.in/wps/wcm/connect/DoIT/delhi+govt/community/marriage+certificate+and+registration
Kumar Doab
(Expert) 23 February 2018
If the said trust was fake/unscrupulous approach Family Court to declare said certificate null and void…………
You may pick up relevant points…. From many threads at LCi also or citations e.g;
Madras High Court
Praveen Kumari vs The Inspector General Of ... on 22 September, 2016
https://indiankanoon.org/doc/15458390/
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record………………and worth his/her salt…. to show all record/docs in person and get considered opinion in person…..and proceed further under expert advice of your counsel.
Hope your spouse is firmly standing by your side.
Vijay Raj Mahajan
(Expert) 23 February 2018
You need to challenge the decision of the Italian immigration just only basis of what this guy tell you here because for you getting spouse visa is most important here and for that marriage under the Special Marriage Act and marriage certificate under this Act will solve all your problem. I'm dealing such marriage, divorce and family court cases for the last 34 years in Delhi courts will not give wrong advise to you.
Kumar Doab
(Expert) 23 February 2018
The link provided to you in 1st post fully describes marriage under Special Marriage Act ;
'A marriage which has already been solemnised can be registered either ……..or under the Special Marriage Act, 1954. …
Further, marriage can be solemnised between any two persons under the provisions of the Special Marriage Act, 1954.
Solemnisation of Marriage under Special Marriage Act
'.
NO wrong advise has been posted in this thread...
You do not need to get influenced by this guy or any other guy at any portal.
Pool information from all posts and get back to elders of your own family and your own LOCAL counsel as already suggested..
Your LOCAL counsels won't advise you wrong.
There is NO dearth of very able and sincere LOCAL counsel at any location....barring a few exceptions...
Vijay Raj Mahajan
(Expert) 24 February 2018
There is clear provision for registration of marriage already solemnised according to another form in the Special Marriage Act,1954 and the provisions of the Act will apply to the marriage. The Italian Immigration gives due cognizance to marriages certified under the Special Marriage Act,1954.
The wrong or incomplete information provided by anyone whose not even practising lawyer will be detrimental to your interest.
V R SHROFF
(Expert) 24 February 2018
AGREED WITH SHRI VIJAY RAJ.
It can serve your purpose without going into further Legal Complications.
[As marriage is not recognized by Italian Immigration; You can claim Bachelor;/ and register civil marriage that nobody can challenge. Show both of you as "Unmarried"
