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Vinay (Consultant)     23 December 2013

Need advice ..pls

Hi,

Without knowing anybody my sister got marriage registration in 2007. Question is here as they did not marry in any temple and she is living with us as we were not knowing that they did registration. Also they do not have any couple photograph given during registration only 10th mark-sheet and named a pundit name in the document along with witness, and also a false Oath stamp letter attached which state both family agree consent for marriage. The boy did a fraud in making the marriage certificate as there is no marriage happen in temple. Is there any chance that the marriage treat as null as no couple marriage photo attached. Can we treat this registration invalid? Or what option do I have now left..pls help me.



Learning

 13 Replies


(Guest)

What was the age of your  sister at the time of Registrations.Now what is in the minds of your sister and the boy.If both were willing to get seperated consult a Lawyer he would do the needful

Vinay (Consultant)     24 December 2013

Her age was 23 at the time of registration. My sister do not want to continue but the boy is not willing.  Now my query is on the below syntax:

"Marriage must be performed following the essential customary rites and ceremonies, such as presence of Agni, performing saptapadi, etc. A marriage not duly solemnized by performance of essential ceremony, is under the Hindu Marriage Act 1955, no marriage at all."

My sister confirmed that they did not gone any temple marriage and court marriage as well. This registration made based on a X- standard certificate, one Oath stamp letter mentioning the agreed consent of both family but in that also no family member has signed only my sister sign. Can we go for a case of invalid in this case as marriage was not happened and by some means the registration has been done.

 

 

 

 

 

 

 

 

 


(Guest)

If the Registration was done in Registrar Office with 30 days notice etc  you have to only go for divorce.Better consult a lawyer in person with all details

Vinay (Consultant)     24 December 2013

Thank you narasimha...we are thinking to agree the boy. We just want to tell him that as now my sister is not willing then we are going to consult a lawer and file a divorce case. here if the boy is ready to cooperate then in this can there a chance to prove the marriage as invalid...our main concern is if we have any way to get this invalid as we do not willing to carry divorce thing as the marriage was not happened at all....If a possibility that pundit also ready to say that he did not do this marriage...pls suggest

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 December 2013

Dear Querist

what do you want from us?

Vinay (Consultant)     24 December 2013

I want advice and opinion...before going to the local lawyer.

(Guest)

If the boy is willing to co operate file a mutual consent divorce which would be a simple procedure.Consult a lawyer  with all details along with the pandit and the boy if possible

Laxmi Kant Joshi (Advocate )     24 December 2013

vinay your sister is hiding the truth , to registered the marriage in the sub registrar office there is a long procedure where your sister ,her husband and the witness from both the sides have to be present and after taking their photographs and other formalities the process ends all the proceeding were saved in the computer and after 10-15 Days you get the marriage registration certificate. talk to the boy and solve your problem amicabily , go for mcd it is fastest and easy process to take divorce.

Rohan dhiman (Supervisor)     24 December 2013

Hello Laxmi Kant G

Can you please elaborate what is MCD.

 

Thanks in advance

Vinay (Consultant)     24 December 2013

Hi laxmi, My sister told everything and We have seen all the documents. Here are the list of documents: 1. Application for registering Hindu marriage (In which my sister sigh and witness, pundit name and a signature is there whereas no pundit was there) Also my father name is there but without any signature 2. medical certificate of both (even the medical certificate my sis never gone) 3. High School certificate 4. An oath stamp letter which shows the consent of both family (here also my sister's sign along with the boy 5. Marriage certificate issued Now my question is can there be any situation we can go for a invalid/void marriage or the divorce is the only option. Here as the marriage did not happen as ceremony as well court so is there any chnace to go to file a case for invalid/void....if not then we will prepare for divorce.

Laxmi Kant Joshi (Advocate )     25 December 2013

Vinay you can check the record of that agency where your sister got married , it is mandatery to maintain all the relevant record of every and each marriage , you go to that agency which had issued the said marriage certificate , if you found it fabricated then file a criminal case in the police station against the agency , pandit and the boy, and also file the defamation case against them 2. Once it is proved that the documents are fabricated and are used to blackmail you , then you need not have to go for mcd or for nullifying the marriage from The court .

Laxmi Kant Joshi (Advocate )     25 December 2013

Kaku MCD means mutual consent divorce .

avi (nil)     25 December 2013

Hi my name is John

I have been married for 6 months and my wife has left me...She broke the legal contract of marriage. I am shattered.

Can i get damages from her.


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