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brightenup (contributor)     14 January 2015

Advice on mariage annulment due to already married

Hi All,

I wanted to seek an expert advice on procedure for getting marriage annulled under special marriage act.

We got married in church with all the proper ceremony 10 days prior to getting married again under special marriage act in kerala. Instead of getting the marriage registered we married under special marriage act. This was a mistake that was done on our end. She has returned back to Germany and I have applied for the family re-unioin visa. Since we heard from other people that church marriage was not considered in case of family re-union that was the reason for getting the marriage done under the special marriage act in first place. I submitted both the marriage certificate and the certificate under special marriage act, Embassy suggested me to cancel the former since it was unnecessary and they do accept Church marriage. They pointed out that the marriage is void since we both were married to each other earlier in church 10 days prior.

I wanted to know about the procedure to go by and if there would be any complications.

Thanks
 



Learning

 7 Replies

Laxmi Kant Joshi (Advocate )     14 January 2015

Are you both Christian or one of you had changed your religion as you said you both had married first in the church , had one of you changed your name and surname? 2. You had married under special marriage act , the name and surname was same as you was not married or it is changed or it is similar to the Christian marriage , if it is similar then give an affidavit that you both are the same persons who first married in the church and again solemnised your marriage under special marriage act , they will accept it .

brightenup (contributor)     14 January 2015

Hello Laxmi Kant,

 

Thanks for the reply, Yes it is the same and nothing has been changed for name and we both are Christians from beginning. I had asked them if the affidavit would be enough, They say it would not hold much value. What they say is since the marriage is void due to the fact you both were married already to each other. They want something in writing from the marriage registrar stating that it will not be possible to be done through him. And then might have to move through court to get it annulled. I wanted to if there will be much complications to get it annulled if we satisfy the court about the whole situation.

Thank you again

Jai Karan Nagwan (consultant)     14 January 2015

Hi once your marriage was solanmnised in church, you should have got marriage registration only, basis the marriage certificate from church, whereas you again solemnised marriage under special marriage act is wrong and can be proceeded against you. However, correct suggestion for you would be to approach ADM, DM, DC whoever may be the marriage office and file application that incident happened due to ill legal advice, but this can happen when both husband and wife present before marriage officer.

brightenup (contributor)     14 January 2015

Hi Jai,

Thanks for your advice, Yes it happened due to wrong advice from the people, Who now I think had no idea what they were talking about. Should we both approach in front of the District court and file an application reporting this then that should be ok? And the certificate issue can be cancelled or marriage can be void?

Is the marriage registrar or sub registrar same as marriage officer? Cause we contacted the sub registrar and he said he had no power to on his end to change this.

Thanks

Jai Karan Nagwan (consultant)     15 January 2015

Mr. BRIGHTENUP, you will agree that you have committed offence giving false evidence / statement, yet may ne in ignorance or bad advise, which is a matter of your own knowledge. Your act constitute offence under Sec 45 of SMA r/with section 199 of IPC. I believe marriage officer may not be able to rectify this, but I would suggest you to meet good matrimonial advocate, he will help you.

brightenup (contributor)     16 January 2015

Hi Jai

Thank you so much for the valuable advice, But marrying the same person under impression that the registered marriage was needed, would also be considered as something wrong? It was mere confusion caused because of what was believed to be a necessary step. Now I do realize that it was somehow is wierd loop I am in. Can a good marriage advocate can get me out of this? Not sure how to interpret the law. Sounds like a sad comedy going on with me.

Thanks

 

 

 

 

Jai Karan Nagwan (consultant)     16 January 2015

Tell me your place of marriage, so Can extend some help.

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