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Sunil Patil (Engg)     14 September 2011

Marriage registration cancellation

Hello everyone,

Need your technical support on this query.

I'd filed for a divorce petition in Goa (where my marriage was registered & we lived) and wife agreed not to contest in return for alimony. The court will be passing a decree in the coming months. The marriage registration in Goa will be subseuqently cancelled.

Wife had filed for a maintenance in Family court in Mumbai, where the marriage was performed and regsitered as well. In our agreement terms it has been agreed that she will withdrwa the case with immediate effect, citing our agreement in Civil court in Goa.

Questions:

1. How do we obtain the cancellation of marriage registration  in Mumbai? What documents are needed? Does it need court order? If so should we file some kind of document in the court?

Thanks.



Learning

 10 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     14 September 2011

You need no cncellation of marriage as divorce decree is sufficient to show ur currentt relations. Registration pertains to previous period whereas decree of divorce describes yoru current relations.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 September 2011

What do you mean  -  Does the birth certificate expire with the death of a person?


There is a decree of divorce, which is an authoritative order having the force of law. The original marriage has come to an end with it and it doesnot mean that registration has to be cancelled.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sunil Patil (Engg)     16 September 2011

Thank you for your valuable feedback.

Do not want any more problems in the future, and hence wanted to know what is the marriage cancellation procedure, if the decree was passed by the court in Goa, while marriage was performed and registered in Mumbai. (Marriage was also registered in Goa, which will be cancelled by the decree).

1. Is it sufficient to provide the divorce decree passed by the court in Goa to the Registrar of Marriage in Mumbai?

2. What is the procdure to cancel the marriage registration after a decree has been passed? Do we need to put in a gazette mentioning the details and wait for 30 days?

Thanks everyone.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 September 2011

Marriage can not be cancelled. It can be ended by divorce.

 

You can not publish divorce cases in newspaper w/o permission of the court.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Tajobsindia (Senior Partner )     21 September 2011

Here is a uncle Sam shocker for you @ ld. Shonee when you say n I quote "do birth certificate expire..."

 


1.
Florida (in USA) birth certificates do not expire. However, the U.S. Passport Office requires that if you use a birth certificate as your "primary proof of citizenship," it must be a certified birth certificate with a seal and signature. It also must have been originally filed with the state's Office of Vital Statistics within one year of your birth !. And suppose you are now in your 60’s and apply with it for fresh Passport then since you were born some 60 years back, there at that time there may have been a significant delay in filing your birth certificate when you were born,  then the presently the Passport Office in Florida will reject your Passport application and endorse the application with a stamp "expired birth certificate."

 

 

In that event, you should visit https://travel.state.gov/passport  There you can review a lengthy list of alternative hoops through which the U.S. Department of State will require you to jump in lieu of presenting a qualifying passport with re-newed Birth Certificate instead of keep submitting a "expired" birth certificate since you were born some 60 years back per se and at that time local authorities were issuing plain register filed entries and a receipt issued to you of your grand BIRTH into Uncle Sam land of opportunities!

 

 

2. Now in Mussorie State they do not accept Birth Certificates issued before Jan 1, 2005 for any Govt. purposes such as issue of Social Security Card, Passport Issuance, Drivers License even applying for some skilled Jobs they insist post Jan 1, 2005 issued Birth certificates though you may have been born prior to 2005 !!!!. There for a U.S. Birth Certificate - certified with an embossed, stamped or raised seal issued by a state or local government is the acceptable Birth Certificate paper and if any other Birth Certificate that you have and the moment you submit it they will tell you in writing that it is "expired". (mind it here in this State even Hospital - issued birth certificates are not acceptable and the moment you submit one it will be stamped as “expired birth certificate”)

 

 

3. Take illustration form Illinois State where "officially" a Birth certificate "expires" with “death of a person” and for same refer to their State Laws info. available in public domain on their official State gov. website which states that the moment a person is put in the hole his near onece are required/supposed to get cancellation of upper gaya hua person ka birth certificate with authorities failing which some fine is also there after limitation period!

 

 

4. I can also give you eg. from EU countries too on "expired birth certificate" told by Authorities there when applied for and I suffered in one such personal incidence in Berlin when I applied for Avis Eurocar renting to travel to Kraków (via Wrocław) into Poland and Authorities in Berlin said my India born Birth certificate is "expired" thus they will not issue me a overland pass to enter into Poland and I have to press Blue Dart services to demand a express 24 hrs. airlift of a duplicate one from Pune Municipality since Pune Municipality issues "embossed" with blue seal Birth certificates and buggers in Berlin wanted to see “that embossed seal” to issue me 9 days self drive car transit pass !

 

 

So generic saying "do birth certificate expire......" is not right they do "expire" per se in some parts of world (read as so called Developed world and mind it we are lucky to be living and breathing in a world referred to as 'developing world - i.e. Indya.....")

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 September 2011

Whoops..............

 

Law Enthusiast (Job)     24 May 2017

Law does not require us to cancel the marriage registration after divorce. However, be aware that the "other spouse" can acquire a duplicate copy of the marriage registration certificate which automatically gives some "rights and privileges" in the capacity of spouse (even more if the spouse is wife). To avoid such exploitations, it is better to cancel marriage registration. Note that any registration can be cancelled.

If an orphan husband gets divorce, but no one has proof or knowldge of divorce (which is usually the case), and the husband dies, the wife can take the marriage registration copy and claim share on insurance. this is a legal hazard.

Law Enthusiast (Job)     24 May 2017

Dear Raj Kumar Makkad Sir,

Your message has a lot of spelling mistakes. Kindly spell check your message before posting.

Such messages spoil the name of lawyers.

Law Enthusiast.

Law Enthusiast (Job)     24 May 2017

The problem with lawyers is that they will advise or do only what is required in the case. They don't cover for other related aspects. Just like, in a hotel if you order tiffin the server gets tiffin. If you need coffee you need to order it separately. Lawyers work like that. It is their duty to give legal advise but they don't. If you fall into issues that will be a new case for them.

Law Enthusiast (Job)     24 May 2017

This is what you (as a man) should do once you get a divorce.

  • 1) File a caveat in higher court (high court or supreme) so that if she files a fake appeal to get a stay on the divorce with an intent to drag the dispute for years, you will be notifed BEFORE the appeal is accepted and you can argue why the appeal should not be accepted. Note that the caveat expires after 3 months of filing and needs to be extended (renewed) for every 3 months
  • 2) Once the divorce is final, cancel registration certificate. At least send an intimation to the registrar and keep the copies/proofs of such intimation
  • 3) Close any join accounts/lockers in banks
  • 4) Remove her name from your passport, if already mentioned as wife
  • 5) Remove her as your medical dependent at work, if added as dependent
  • 6) Change any nominations (properties, financial accounts) to a new person. She must not be left as a nominee
  • 7) Send her a notice, not to associate herself with your family name. If she has your family on her passport, driving license, bank account etc she must get it removed in stipulated time
  • 8) She must return any articles/amounts, acadmic certificates, professional certificates that you own or that belong to you. You too need to return any such things to her
  • 9) Have a memorandum of understanding "MOU' written with return of articles, that full and final settlement is over, that there are no mutual claims, and they should not interfere with each other in future or talk ill about them or their family. If terms of MOU are violated, they can be sued.

Lawyers will NOT advise the above and any such aspects. Please be educated.


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