Invalid marriage

You were rightly advised by your lawyer. A hindu Marriage can take place only between two Hindus. You can file a declatory suit for declaring the marriage invalid under the provisions of the Specific Relief Act. 

Thank you Radhika. However, will I've no rights as a wife for compensations or other things? Where does it leave my kids, what'll be their status? Can't the error in marriage certificate be corrected?

error can be corrected if it is a registered document. pl check under which act it is regd .

It's registered by the registrar of patyala court, new delhi under Hindu marriage act.

Sorry sub divisional magistrate court parliament house. Registered under the Hindu marriage act 1955.

Sorry sub divisional magistrate court parliament house. Registered under the Hindu marriage act 1955.

No this is not a small technical error which can be corrected.  For a marriage to be solemnized as per Hindu Vedic rites and ceremonies, both parties should be Hindu.  There is a provision for conversion but the same has not been done by you. Your children would, in my opinion, be considered as legal heirs.  You can seek maintenance during the pendency of the matter. 

Hi All , I am trapped in noof fake cases just for mere extortion of money and blackmailing. My girl friend trapped me in a fake marriage saying we got married in a temple when we gone out for a trip and then book me n my family in 498a, 493, 352,504,506,dp act 3/4. This all the crimes numbers in Fir and later she filed application for DV, Maintenance 125 and has also filled for 406/34 and fake application in police saying me and my family has beaten her in her local town and we never visited her place however that is not yet registered in PS but they are challenging it in court under 190(1) I have taken arrest stay for my mother father and maternal uncle and mine was dismissed and we have recieved no relief in Fir quashing as well. Case is off U.P. What needs to be done

Hi All , I am trapped in noof fake cases just for mere extortion of money and blackmailing. My girl friend trapped me in a fake marriage saying we got married in a temple when we gone out for a trip and then book me n my family in 498a, 493, 352,504,506,dp act 3/4. This all the crimes numbers in Fir and later she filed application for DV, Maintenance 125 and has also filled for 406/34 and fake application in police saying me and my family has beaten her in her local town and we never visited her place however that is not yet registered in PS but they are challenging it in court under 190(1) I have taken arrest stay for my mother father and maternal uncle and mine was dismissed and we have recieved no relief in Fir quashing as well. Case is off U.P. What needs to be done

Fir was filed 7 months back and no action by police yet and they are silent we have gone for mediation but no success yet. Demanding money which we don't have. My sister name is also involved however she has went for higher studies to abroad. Plz help guys I have lost my job and have face a lot of defamation.

Fir was filed 7 months back and no action by police yet and they are silent we have gone for mediation but no success yet. Demanding money which we don't have. My sister name is also involved however she has went for higher studies to abroad. Plz help guys I have lost my job and have face a lot of defamation.

A cermonial Hindu marriage is Valid only if both parties are Hindus by religion. One of the party Roman Christian and other Hindu if get married according to Hindu ceremonial marriage will not be husband and wife in the eye of law. This will be absolutely Null & Void marriage, although the children born out of such union will not be illegitimate.

The Registration of marriage under the Hindu Marriage Act,1955 will Not validate the otherwise invalid Hindu marriage.

You both cannot get decree of divorce from any Family Court, however you can get decree of nullity on the ground of fraud by not disclossing correct religion by the Roman Christian partner while undergoing Hindu ceremonial marriage.

I had in a similar case got decree of nullity for Hindu partner from Family Court. Karkardooma. Delhi.

Thanks Vijay. However, that'd show me as a fraud Even though I'd no clue on what happened. Also, do they not have any checks before issuing the certificate to make sure that rules are complied? How much will a layman know about marriage acts... This is grossly unfair.

It is the legal responsibility of the Registrar of Marriages to Check each and every document concerning the marriage, proof of marriage, proof of conversion in case of Hindu marriage between parties, one of whom is not Hindu and even advise them to go for Civil marriage under the Special Marriage Act,1954 for Valid marriage if not converted. However if he gets bribed by so-called Marriage Agents he may ignore these formalities.

As far the point of view as a layperson is concerned, firstly ignorance of law is no excuse as everyone is supposed to know the law, especially as a Non-Hindu you should have known to get married to Hindu either you convert to Hindu religion or you both go for Civil Marriage under the Special Marriage Act,1954, secondly even if you were ignorant of these legal issues, to consult a competent lawyer (although the pack of lawyers you find sitting outside courts may not be all as competent), paying him the consultancy fee would have been better option rather going for some stupid Hindu priest or fraud semi-illiterate Marriage Agent.

If you both have decided for breaking the matrimonial alliance, best course is to firstly engage some sensible, competent lawyer, secondly do what I have advised you here, as far being called fraud is concerned, no one will ask you about it after things are over and you can always say that the marriage was annulled by decree of nullity, no one will ask you to show complete documents of court proceedings a single sheet of decree of nullity will be good enough.