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(Guest)

Writ petition to nullify a marriage certificate

I am bringing this matter in front of you all and looking forward for best solutions. I got married after 8 months long love relationship; we got married without the consent of our parents. We both are Muslim. I am 26 year and she is 23. We presented our matter to both the families and my family are ready for an alliance as she was in good harmony with my family. But her family rejects this siting social status.

She left her home (cochin-kerala) on 19 of april and we drove to chennai.  On April 21 2015 we got married from Chennai very simply in witness of two Muslim Males and few other friends (Proposal and Acceptance are done in one sitting and i had offered the mehar and she accepted it. (Photographs available as proof)), The same has registred on the same day in chennai under Tamil Nadu registration of Marriage Act. 2009. We have got a Marriage certificate in the same day. (Kindly refere attachment no. 1 )

The day itself her family called us and they told us to return to safeguard family status in return they will arrange a Marriage Reception. We had no intention to hurt anyone so i send her back home. 

They have shown me the real face of them from the day one itself. They first threaten me to give divorce, secondly offered big money and finally they filed a police complaint against me saying that I threaten her to get married and my intention was to grab the property of the girl. Her uncle is a powerful state level leader in ruling party of kerala. it was easy for them to use all their money and political power against me, (me and my wife had contact for more than a month, they have blocked all means of communications) fortunately all of a sudden she called through skype and i had explained the sh*t i was in. she had sent me a mail and a selfi video that she came out and get married on her on will. with these documents i could managed to get an anticipatory bail. 

They came to know about this and their approach towards her gone insane. Still she is under their custody. I tried HB pettition in high court but they threatened her that they will kill me if she stand by my side. inbetween we managed to communicate over skype or few mails and calls.

She is the Single Girl Child of her parents. she love them a lots, That's the only reason I remain cold as long, I love her and she love me a lots, nothing could really draw a line between us. 

Here is the twist in the story, I have received a Legal Notice from her advocate that she had filed a writ petion to cancell or annull the marriage registration and the certificate. (Attaching the Legal notice).

I had managed to find 3 Points. Memmorandom filed has some errors in it.. they are.

1. date of Marriage Solemnization is entered wrong. (typographical error)

2. Her father's name came in the priest name and address colum (I have no idea how does it happened)

3. Signature of the second witness is missing. 

I still doubt they have managed to change the pages, otherwise there is no chances of these errors as the documentation was done by professionals and she monitored them.

I can't afford to loose her, Kindly help me with this.

Any Lawyers from Chennai Highcourt willing to help me kindly contact me

 

9544800513

 

 

 

 

 

 

 

 

 



Learning

 6 Replies


(Guest)

Attachents will be given soon


(Guest)

r.sathyanarayanan   06 February 2016

Dear Mr rishad, I think u hv a strong case,u contest the case .if u wish we can discuss.my mobile 9940541805. Thanks Sathyanarayanan
1 Like

r.sathyanarayanan   06 February 2016

Dear Mr rishad, I think u hv a strong case,u contest the case .if u wish we can discuss.my mobile 9940541805. Thanks Sathyanarayanan
1 Like

Vijay Raj Mahajan (Advocate)     06 February 2016

 

Annulment of marriage registration, its ridicules. The Writ in High Court can be filled if there are two main issues involved, infringement of provisions of the Constitution of India in any order made by governmental department, the subordinate court as the case may be or the infringement of principle of natural justice.

In a Muslim Marriage that is totally covered under the Muslim Shariat, its registration is being done under the State Marriage Registration Act according to the rules and regulations as provided under the Act, where is the defect in such registration that a Writ is being filled?

Marriage registration is for keeping record of marriage in any state on the basis of declaring made by the parties who seek their marriage registered the Registrar/authorities register the marriage.

The Muslim marriage between two Muslims is valid even if there was no registration done and by all means the registrations of marriage neither validate or non-registration invalidate if such Muslim marriage is valid according to Shariat.

The advocate who has taken up the case in High Court has simply made fool of the party, making money as well is wasting the time of the judiciary.

1 Like

(Guest)

Dear Vijay Sir,

Thank you very much for your informative reply. I am gonna contest this case, I have no idea whether this case will bring me success or I will end up wasting my life on it. but still; I want to contest till the last possible mean. Why our judial system and all other govermental system is so biased. our constitution guaranteed us equality and does it really happenening anywhere ? Only because i born as a male i am suffering this much. 

 


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