Locus standi of father to file a case to declare void marriage of eloped daughter with first cousin
M.K.MISHRA
(Querist) 14 April 2015
This query is : Resolved
1. Eloped daughter got married with her first cousin in August 2014 . Can father ( North Indian )of such a daughter file a case to get marriage declared void as per Hindu marriage Act being sapindas. Whether father has locus standi.
2. Father purchased a plot land on the name of him self and the daughter. Father paid entire amount to seller by his own earning.Now father want to remove eloped daughter's name/ ownership from registered document, then how it can be done ?
Please give your suggestions .
Regards.
Devajyoti Barman
(Expert) 14 April 2015
1. No, only party concerned can file such suit.
2.He can not remove her name unless his daughter relinquishes her share.
Leave your daughter at her fate. You can do nothing unless she sees sense.
Sudhir Kumar, Advocate
(Expert) 15 April 2015
Eloped daughter got married with her first cousin in August 2014 . Can father ( North Indian )of such a daughter file a case to get marriage declared void as per Hindu marriage Act being sapindas. Whether father has locus standi.
FATHER CAN AT THE MOST ALLEGE RAPE OF DAUGHTER BY THE BOY AS SHE LIVED WITH HIM AFTER HE MADE HER TO BELIVE TO HVE BEEN LAWFULLY MARRIED.
2. Father purchased a plot land on the name of him self and the daughter. Father paid entire amount to seller by his own earning.Now father want to remove eloped daughter's name/ ownership from registered document, then how it can be done ?
NOTHING CAN BE DONE NOW.
Rajendra K Goyal
(Expert) 15 April 2015
1. Father can not file such suit.
2. Father can not remove name of daughter (joint owner) without her consent.
Dr J C Vashista
(Expert) 19 April 2015
What is the opinion and desire of the couple, whether they want to continue the marriage or not?
Father of the girl has no right (locus)either in declaratory suit or unilaterally removal of her name from the property.
T. Kalaiselvan, Advocate
(Expert) 23 April 2015
No and No is the answer for both the queries. Just disgusted over her eloping, he cannot seek its nullity nor he can change the name in the title document unto himself without she relinquishing her rights in it.
Guest
(Expert) 23 April 2015
In the first issue, only police complaint is justified for violation of law. Rest depends upon the police to file a case, if justified, in the case.
For 2nd issue, forget to remove the name of the co-owner of the property from the registered documents, irrespective of whether whoever would have paid the price of property. Only the daughter has the right to relinquish his right to property in favour of the father or to gift that back to the father.
M.K.MISHRA
(Querist) 23 April 2015
Many thanks for your's reply Sir.
Guest
(Expert) 23 April 2015
You are welcome.
