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user77   30 March 2018

Can we cancel marriage registration of my cousin?

Hi,

We live in a joint family. My parents family and my uncle's family.
Last year, January 2017, my cousin brother came home with a "wife".

His parents were forced to accept it by my cousin. They went to
nearby famous temple and got a pooja done for them.

But we did not click any pictures for them.

My cousin is a 27 year old software engineer in a firm and his wife i guess is
about the same age.

As i used to be close to my couusin, i got him to spill out how
he got married.. He said, they arranged a broker who arranged "stuffs".
What i feel is that broker arranged fabricated marriage card and pictures and
they got marriage registered as if it actually took place, but i think it actually
never really took place but got registered. (We asked for wedding pictures, but they had none and thats why i conclude that marriage actually never happened).

But now is it too late for us to have this marriage registration cancelled (Its been more
than a year) ?
I know my brother will never be on our side for this.
Elders at home are too old to get into such matters but they are not happy.

Girl only has one picture of my chachi (her MIL) putting sindoor on her forhead
(part of our custom).

She and my brother additionally keep all their calls recorded, so
they have call recordings of talks regarding their marriage on phone call.

My chacha chcahi do not speak anything negative about marriage to him
in fear of loosing him. So all call recordings must be obviously
positive talks about marriage but i know how unhappy they are.

Is there anything we can do without help of bride and groom to cancel
the marriage registration without their knowledge? We know marriage date.



Learning

 11 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     30 March 2018

It is the court to decided what is right or wrong. And you are not the right person to challenge the marriage of your cousin. 

1 Like

user77   30 March 2018

His parents will help challenge marriage, just without his knowledge because they dont want to loose him. Now then?

user77   30 March 2018

His parents will help challenge marriage, just without his knowledge because they dont want to loose him. Now then?
 

user77   30 March 2018

We do not know which office he had the marriage registered in.. we only know the city where they had it registered. And why arent his own parents the right people to challenge the marriage?

user77   30 March 2018

it is somewhere in Mumbai. we dont know which office.

user77   30 March 2018

her parents are fine with the marriage. they even go and meet them at their house. His parents has not accepted even though they have to show him that they have accepted. They are ready for any actions to cancel marriage registration. the only proof the bride has is her mother in law putting sindoor on her in a pic.  There was no social marriage so no question of marriage pictures in social media, etc.

user77   30 March 2018

So even if chacha (his father) raises his question in mumbai marriage registrar office with help of lawyers I will arrange for him, marriage cant be questioned just because they have been staying together and there is no proof of their social wedding? They have no kids to prove their marriage is consummated or not. And my chachi cant live without my cousin. She will not ever show him that they are doing it against the marriage behind his back. She and infact all of us do not have good vibes about tthe girl's nature. So we are planning to take this step. Will our cousin be in trouble if we question this marriage legally? Sorry for extended questions but i hope i can end it here with this final elaboration of my doubt.. Thanks,

user77   30 March 2018

What if the marriage proofs were fabricated and the card venue did not actually exist or the venue was never booked? Will he get into trouble if we prove that marriage details were not true? Because ultimately he signed the papers stating that all informations are true as per his knowledge.

user77   30 March 2018

what does section 8, points 2,4 and 5 mean? Does it mean that if marriage proof is not found truthful the couple is fined Rs 25 and thats it? And then the marriage is ommitted from the registrar entry? Is that what it means? And what if the marriage proof submitted is proved wrong but the bride proves that marriage has been consummated? What then? Thanks..

 

user77   30 March 2018

sir, I am sorry i am troubling you. I have no law background, just engineering. What you said,, was out of my league.. If in plain english you can eplain, it will be great. That section 8 english in the link you gave, does not sound normal english as if law has another english, it looks like that. Thanks.

user77   30 March 2018

Are you saying that just because they have been staying together post narriage registartion, even if marriage registration is omitted because of challenge on proofs submitted, it will still be considered as marriage if it is a consummated relationship (derived from gandharva vivah)?.. Sorry and thanks,,


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