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kaushal (Advocate)     20 October 2016

Dissolution of marriage

Hi,

In a case, the boy was an NRI and girl was an Indian resident. During the engagement ceremony, they both clicked photographs with garland and got the marriage registered on that basis. However, no rituals and customs as per Hindu Marriage was performed. Nor saptapadi was performed as per Section 7.

The actual marriage according to Hindu ritual and customs including Saptapadi was scheduled at a later date. The sole purpose of registration was to enable the girl to apply for VISA so that they can fly abroad immediately after the actual marriage (usually it take 2-3 months for VISA after registration).  However, before the actual marriage, the disputes have crept up and both the parties have decided to call off the wedding. 

In such case, what is procedure for dissolution of marriage as it does not fall under Sec 11 of Hindu Marriage Act. It is not a void or voidable marriage but it is also not a valid marriage as no ritual or customs including saptapadi was followed. The parties dont want to go for divorce.

Can they file an application under Section 7? Can they move a joint application under Section 7?

Regards



Learning

 4 Replies


(Guest)
No valid marriage. If other party does not question, no need to go court as marriage did not take place at all. But if other party ie girl wants to file criminal complaint u.s.4 96 of IPC ur gone case. Consult lawyer who deals with criminal cases locally.

(Guest)
No valid marriage. If other party does not question, no need to go court as marriage did not take place at all. But if other party ie girl wants to file criminal complaint u.s.4 96 of IPC ur gone case. Consult lawyer who deals with criminal cases locally.

kaushal (Advocate)     20 October 2016

Hi, 

Even though marriage is not a valid marriage, the marriage certificate is a valid document and it could be used in any prejudicial manner. Further, the party may even change their mind to harass the other party. For the avoiding any difficulty in future, the parties wish to dissolve/annul the marriage.

Is there any procedure to get the marriage certificate canceled? What is best solution in this case to get the marriage dissolved/annuled?


(Guest)
Go to court with stated facts and get the marriage annulled.

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