Cancellation entery of register marriage

This query is : Resolved 
 

(Querist)
14 November 2017

dear experts please give me advice
me and my friend got married 2 month before by register in registrar office. both we are hindu religion. we didn't marry by ritual also not wearing mangalsutr or har. but we have register marriage for housing loan. and my friend also not ready purchase house. right now my family is not accept our marriage. so we decided cancellation of marriage. there is any procedure to cancellation of our register entry.


Rajendra K Goyal (Expert)
14 November 2017

It is legal marriage, cannot be cancelled without legal procedure. After one year of the registration, file mutual consent divorce.

If you remarry without divorce, it would result in troubles, that marriage would not be legal.

However, best way is to continue with the marriage.

JIGYASU: Legal Analyst (Expert)
14 November 2017

Seems to be quite a hypothetical academic question!

However, if there is some truth in your description, not married in reality and falsely registered marriage, better both of you should be ready for serving jail term for several serious offences by forgetting about cancellation of entry of registered marriage.


Kumar Doab (Expert)
16 November 2017

MCD is the recourse.
You seem to be exploring scope of nullity.

Kumar Doab (Expert)
16 November 2017

No need to be frightened.
NO jail term is imminent.

The haua (bubgear) being advertised to you is not new.
It is advertised in many threads....

sarini das (Querist)
17 November 2017

Rule 13 Correction and cancellation of entries.- (1) If the Local Registrar is satisfied
either suo motu or on application by the parties, that any entry in the Register of
Marriages (Common) is erroneous in form or substance or has been fraudulently or
improperly made, he shall subject to conditions in sub-rule (2), make suitable
corrections including cancellation of registration, noting the evidence for such
corrections in the margin of the Register of Marriages (Common), without any
alteration of the original entry and shall sign the marginal entry with the date of
correction or cancellation and shall forward the particulars of the corrections to the
Registrar General concerned.
this procedure is available or not?

Vijay Raj Mahajan (Expert)
18 November 2017

Firstly you are quoting Rule 13 Correction and Cancellation of entries, of which Rule book/Act applicable in which State in India? Secondly even if there exists such rule for correction or cancellation of marriage registration entry in the Registrar of Marriages record, then better apply directly to the Registrar of Marriages of your district/city/state and mention the truth for which the registration of the marriage got done without actual solemnisation of Hindu customary marriage between both parties.
Rest the Registrar of marriage may cancel the marriage registration entry and lodge a formal police FIR against you both for forgery, cheating and providing false information to public officer, for which you will require services of lawyer, plenty you'll get from this forum.

JIGYASU: Legal Analyst (Expert)
18 November 2017

@ Shri Vijay Raj Mahajan,

The querist does not seem to be facing any type of such real problem. He/she just wanted to find answer to his/her academic query. You would have noticed, at first while discussing his hypothetical problem, he/she did not come forward with any such quotation of rule 13. He/she came forward with such of his/her contention only when he/she was could not find any appropriate answer to his/her theoretical question. Apparently, a layman cannot be expected to remember sections/ rules of the marriage laws to quote.

In fact such law students don't apply their own brain to analyse the legal provisions. They only expect spoon feeding by others to save themselves from any mental exercise and labour on their part to concentrate on their studies.


Rajendra K Goyal (Expert)
18 November 2017

Even if such clause exist (?) your case has less merits to provide you relief.

Mutual consent divorce or continuation of marriage is way in the given facts.



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