Register marriage cancel certificate

This query is : Resolved 

03 May 2019

My friends boy friend got registered marriage with a girl but they bot want to get divorced now so I wanted to know that how much time it will take to get a registered marriage cancel certificate after get judgement from judge?

Hemant Agarwal (Expert)
03 May 2019

1. Registered Marriage Certificate can be cancelled only by following due procedure of law, for reasons of Forgery /Underage /etc....
2. HOWEVER, the Marriage can be cancelled, by following Divorce Proceedings, by Mutual Consent and this would take approximate six months for a complete judgement (Divorce Decree).

Keep Smiling .... Hemant Agarwal

Vijay Raj Mahajan (Expert)
03 May 2019

The parties to marriage should be living separately for one year and only after that they can file for divorce by mutual consent, if the marriage is not even one year old no question of filling the petition for divorce by mutual consent.
Secondly, there is no such thing as cancellation of registration of marriage or cancellation of registered marriage, the marriage was done by force or fraud can be ground for annulment of marriage but that too will not be so easy or less time consuming.
By all means the parties to marriage should wait for one year and then file for divorce by mutual consent, wait again for six months and get decree of divorce.

Ramanathan G (Expert)
03 May 2019

First read about "in personam" and "in rem" orders. Divorce is an "in rem order" affecting whole world besides husband and wife. Only a court can pass said order. Thus to break husband and wife relationship, cancelling Certificate is not an option. Only option is divorce decree, nullity decree etc.

Dr J C Vashista (Expert)
05 May 2019

Let your "friend" and her "boy-friend" (now wife and husband after issuance of marriage certificate) move to the Court jointly for mutual consent divorce and obtain decree, which shall cancel the marriage certificate.
Advise the couple to contact and consult a local prudent lawyer for proper guidance and proceeding.

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