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Rajesh Kumar (Quality Analyst)     10 October 2011

Arya samaj mandir marriage cancellation

Dear sir,


I have the same question, One of my friend got married in Araya Samaj Mandir 5 years ago. After 2 month  they got seperated after that there is no touch in between them. They have also not taken divorce. Now the girl want to marry with other guy but the problem is :

1. Can she marry with another guy without taking divorce?

2. Her's parent are not agree for the another marrage as it is Love marriage again?

3. How much time it will take for the mutual divorce?

4. Does she has to go to court for the divorce or directly they can go to Araya samaj mandir again for the cancelation? How much time take atleast for that process?

5. If she marry again with another guy without her's parents consent then what all are the possiblites can arise.? I mean what all things her's parents can do for that? Last time the compilant was made with police.


Kindly reply as soon as possible.

Regards,

Rajesh



Learning

 6 Replies

Sanjeev (Lawyer)     10 October 2011

1. Can she marry with another guy without taking divorce? - No

2. Her's parent are not agree for the another marrage as it is Love marriage again?- Parents agree or not without Divorce she cant marry no question of parents consent.

3. How much time it will take for the mutual divorce?- 6 months minimum

4. Does she has to go to court for the divorce or directly they can go to Araya samaj mandir again for the cancelation? How much time take atleast for that process?- There is nothing like cancellation. She has to seek Divorce in court if its Mutual consent then just twice once for the first motion and second time for the final motion

5. If she marry again with another guy without her's parents consent then what all are the possiblites can arise.? I mean what all things her's parents can do for that? Last time the compilant was made with police.-As I said parents consent is immaterial even if they consent she cant marry without seeking divorce.

Kishor Mehta (CEO)     11 October 2011

Sir/s,

The marriages solemnised at Arya Samaj Mandir, if photographed, if attended by witnesses and if marriage certificate is obtained, these marriages are legal marriages and divorce is a must if any of the party wishes to remarry. Only the family court has the jurisdiction to annul the marriage and sanction divorce. You may inquire with any legal professional for the time necessary for a mutual divorce.

An adult can marry any person of his/her choice, parents have no right to take objection. However if one remarries without taking a divorce for the first marriage, then it is termed bigamy and the second marriage is null and void. 

I believe this answers your query.

Kishor Mehta

Ravinder Gupta (Advocate)     12 October 2011

I agree with the opinion given by mey friends. It is correct that the marriage are dissolved only through divorce therough copurt of competent juridiction. Without divorce marrying with another girl is illegal and is an offence for which other partuy can prosecute. Mutual Divorce can be obtained in not less than 6 months. Second motion petition can be filed only after expiry of  the period of 6 months and not earlier after the passing of orders in First Motion.

mayankkumar (practise in the court)     16 October 2011

thanks

JP (PM)     24 October 2011

is there any method for cancellation of arya samaj marriage except divorce ? or is there any loopholes in this arya samaj marriage which can be made as base for its annulment . The reason is the girl is having affair with somebody else now and at the same time not giving divorce to the aggreived person .

mayankkumar (practise in the court)     24 October 2011

yes definately you have to wait at least 6 month til first motion


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