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ranjit   05 February 2015

How to null and void of a registry marriege

My fiancee did a court marriage with one guy on 11th july 2014 in Khordha Marriage Registration Bureau, Odisha. She is telling the guy forced her to do this. But she never live with that guy till now. And also she wants to marry me. But the guy keeps the registration certificate with him and give us threatening for case . He did not give any legal document to my fiancee after registration and also there was no registry letters come to girl's family at the time of marriage. Now the guy refuse to give divorce to my fiancee.  He is telling that he will forcefully kidnap my fiancee with the help of police because he has genuine document. But we all want a solution to get rid from this guy and registery marriage . And also we both want to marry. Please help us.



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 6 Replies

ranjit   06 February 2015

Thanks Raj for your reply. But unfortunately we don't know about this. Actually we don't have any marriage documents. And the guy is refusing to give divorce in one of our phone conversation because he keeps all documents with him. Can you please guide us. 

ranjit   06 February 2015

But as I know at the time of marriage there ware 4 witnesses who are the friend of that guy. There was not a single person from girl's side. And also the girl's family don't receive any registry letters till now. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 February 2015

1. The girl would be remembering on which date marriage was done

2. The girl would be remembering on which place marriage was done.

 

She can get a duplicate from that SDM office.

 

These things are sufficient to file a case of nullity. You can get the documents from that place. And if the guy comes and gives a statement that he never married your fiancee, then the court would record his statement and then your fiancee is free to marry again.

 

All other threats are criminal intimidation and you can file appropriate criminal complaint w.r.t. the same.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

ranjit   06 February 2015

Thanks for your suggestion Sir. We have already collected the documents by the help of one lawyer. But the guy threatened us that he will never sign for divorce. Actually we are going to apply for null and void.  As you suggested " if the guy comes and gives a statement that he never married your fiancee, then the court would record his statement and then your fiancee is free to marry again" ..But this is the problem for us. He will never do this. We are hopeless now. Don't know what to do. Please guide. 

Thank you

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 February 2015

Dear Querist

if there is any force or pressure for registration of marriage and the marriage is registered under Hindu Marriage act-1955 then file a annulment petition before the Family Court of area u/s 12 of Hindu Marriage Act.

 

if the marriage is registered under special Marriage Act then file an annulment petition u/s 25 of Special Marriage Act-1954 before family court of jurisdiction.

ranjit   06 February 2015

Thanks Nadeem. We will do like this.  


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