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aishwarya   21 August 2018

Marriage validity

I want your views on the following topic please comment all the respected authorities.

Can a Hindu Marriage without sat pheras be taken to be valid or not? No priest was available to lead the marriage.The marriage certificate issued by the city hall ,was taken without performing saat pheras and no proper rituals for Hindu Marriage.The photos were clicked only for sake of the affidavit.Can such marriage be get annuled,even if the parties resided 2 months after this fraud played.The signatures of the bride on the marriage certificate and affidavit were taken by pressure and blackmailing .Do comment .Thankyou.



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 6 Replies

Adv. Varun Vij (Advocate)     21 August 2018

Hello,

As per the details mentioned, your marriage is covered under Special Marriage Act, 1954.

It is illegal to be forced to get married as per Article 16 and Article 23. Such marriages are Voidable.

 

Immediate steps:

1. You must contact Women protection and welfare cell in your local police station and file for domestic violence and cruelty against people who forced you to marry.

2. Contact National Commission for Women and file your complaint

3. File a case in Family Court in your jurisdiction. They shall void such marriage after looking into the matter.

 

 

 

 

1 Like

TGK REDDI   21 August 2018

If the Certificate is valid, saat phere and rituals are of no consequence.

aishwarya   21 August 2018

Thankyou sir for your reply,

But the marriage is under the hindu marriage act,1955,so what is the importance of special marriage act in this?How to take this under special marriage act sir?And if the marriage certificate is not by any registrar but the city hall/mangal karyalay in town..is it valid proof of marriage?and marriage is yet not registered in the registrar/sub registrar of the town.

aishwarya   21 August 2018

But which certificate stand to be valid ....???

1.A certificate issued by city hall/mangal karyalay.(It was given blindly without any rituals).

2.The registrar of town issued certificate.

Thankyou!

TGK REDDI   21 August 2018

Rituals are not sine qua non.    If rules and regulations were observed, it'll do.

Samir N (General Queries) (Business)     22 August 2018

The only basis for annulment of the marriage would be evidence that you were coerced into it. Do not file a litany of court cases  as it will only benefit advocates and complicate your litigation. Just file a simple petition in the Family Court or whichever court is applicable in your jurisdiction under the proper section seeking annulment of the marriage based upon facts you should assert and be able to prove.

Absent evidence, it will be a waste of time.

Filing multiple cases will defeat your end purpose which is to seek annulment.  You really need to prove what made you sign under coercion and thats not going to be easy... my two cents.

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