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vishal (owner)     20 May 2012

Arya samj mandir marriage registration and cancellation.

I had a query regarding arya samj mandir marriage registration and cancellation. My sister got married with a guy in year 2010 but never stayed together. When we talked with my sister for marriage proposal than we came to know that she was allready married in some temple with a guy with a certificate and photograph issued by that temple.

After knowing all the details we consult a lawyer and he mentioned that the marriage was not legal as it was not registered. We also went to Municipal Corporation office to make sure if the marriage was not registered their also. And we found that it was not, we confirmed from the officer as well.

I would like to know that if we can go forward and arrange my sister's marriage with someone from a good family without legally getting divorced as the marriage was not legal as what we came to know from lawyers.

Also the certificate issued by mandir was full of mistakes, the name spelled of my sister was incorrect and stamps were also not properly stamped on the stamp paper. Also the witnesses were not from my sister side.

Now we have informed everything to family with whom we wanted to arrange my sister marriage and are demanding for legal separation documents. We informed that we cant file for divorce as the marriage was not legal. But still could not convince them as of now. Please let us know if the marriage is legal and divorce is required.

My sister is not interested in that guy with whom she got married and accepts her mistake.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 May 2012

The marriage has to registered under the authority of sub-registrar of marriages. Please check up whether artya samaj marriage was got registered under the seal of sub-registrar or not. If not it is not legal as per new rules. Every marriage has to be registered under the seal of sub-registrar of marriages authentification authority . So valid marriage only is to be considered for divorce

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     20 May 2012

Dear Mr.Vishal,

If they got married in an Arya Samaj Mandir as per Hindu Rites and Ceremonies, then notwithstanding the mistakes in the certificate - the marriage stands valid. The fact that it is not registered is of no consequence. Don't go ahead with this marriage unless divorce/nullity is obtained, for you would be exposing your sister to the offence of bigamy and you all may be prosecuted for aiding/abetting/intentionally facilitating the offence of bigamy. 

 

Feel free to talk !


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