Marriage cancellation


Hi All,

Recently my friend's marriage was fixed with a gentleman from Andhra Pradesh. It was a case of chat mangni - pat biyah kind of affair.

The engagement event was concluded but for some unavoidable reasons, marriage had to be postponed. But before that, as marriage was a confirmed affair, girl's parents gave around 6 lacs to the groom's side. This is a precentage of full money which they agreed to give to groom's side.

During the waiting period for new date, girl's family found out that the groom lied about his qualifications and there were other issues between the couple. After considerable thought and discussion, girl's family asked for cancellation of the marriage.

The girl's parents demanded to settled the finance but currently groom's side is not willing to settle the entire amount of 6 lacs. The matter is being extended without any reasons. They came to know that they spent the money on some family matters.

I want to get an opinion what are my legal options in case the groom's family doest return the money to my friend. Its hard earned money which the family saved for years for their daughter's marriage.

Thank for your help.

Regards,

S

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Mr.Satish,

 

You have not mentioned whether the amount was documented via cheque or cash. Though in former your case is much stronger, you can file a criminal case for cheating in both the cases - u/s 420 IPC, for they have decieved you with a fradulent/dishonest intention and thereby by cheating induced you to pay all that money. They can also be hauled up under various sections of Dowry Prohibition Act. 

 

If the liability is not documented, try recording it.

Feel free to talk!

 
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Thanks much for your response Bharat. The total amount is cash,cheque and gold combined.

 
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owner

SIR, WHAT IS  REQUIRED IN HINDU MARRIAGE.* SAPTABADI*, , IN TEMPLE, IN ANY GURUDWAWA BY REAING GURBANI ( LAVAN ) OR MARRIAGE CERTIFICATE OF GOVERNMENT AUTHORITY.

AS U SAID IF NO LEGAL DIVORECE THEN SECOND MARRIAGE IS VOID BUT IF THE SECOND MARRIAGE HAS DONE IN HINDU TEMPLE BU READING LAWAN , NOT DONE ANY SAAT  PHERE IN FRONT OF AGNI, NO ANY KIND OF HIND MYTHOD EVEN SECOND MARRIAGE IS VOID..PLS HELP. THANKS

 
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Worker

@ ketan, 

what was ur post about ?


Total likes : 1 times

 
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owner

M.r Amit, i mean if there is no court divorece than second marriage is void., but if any person / lady is havingdivorece on stamp paper and registered in sub registar office and if he/she  going for remarried but no SAAT PHERE, NO AGNI, but only LAWAN in GURUDWAR , even though their second marrige is not valid, still their first marriage called continue.

pls ack. Thanks

 
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Worker

First marriage legally subsists.

court divorce is required.


second marriage can be conducted as per customary rites too.

cohabition & presentation as husband & wife for a considerable duration is also presumed as marriage

 

Getting married is simple

Getting divorced is C O M P L I C A T E D

 

Bhagwan Gautam Buddha said -

Todna aasan ... Jodna mushkil

the said doctrine is totally opposite in case of marriage & divorce - 

here -

Jodna = Aasan

Todna = Mushkil.


Total likes : 1 times

 
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owner

MR. AMIT, MY POINT HERE IF SECOND MARRIAGE IS NOT DISSOLVED BY COURT DECREE BUT ONLY THRU SUB REGISTRAR SO WHETHER SECOND MARRIAGE IS LEGALLY OR VOID.PLS ACK.

 
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owner

MR. AMIT, PLS HELP ME. THERE IS MISTAKE IN ABOVE MESSAGE. IF THE FIRST MARRIAGE IS NOT DISSOLVED BY COURT ECREE BUT ONLY THRY SUB REGISTRAR DIVORECE DEED WHETHER SECOND MARRIAGE IS VALID AND IF SECOND MARRIAGE ALSO DISSOLVED SAE AS FIRST MARRIAGE DISSOLVED WHETHER IT IS CORRECT. PLS REPLY. THANKS

 
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Worker

divorce papers prepared at sub-registrar are not treated as legal divorce.

such papers can at the most be treated as agreement to divorce and not actual divorce.

Court divorce dereee is the only solution.

 

any agreement betn 2 parties can be registered with sub-registrar.

 
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