Marriage solemnisation
Querist :
Anonymous
(Querist) 02 March 2010
This query is : Resolved
What is constituted as valid marriage solemnisation?
If a marriage certificate is issued without solemnisation taking place before or after the date of issue in the absence of the boy...then does the girl have any legal right over the boy or his income?
Which section's under the law can the boy use to cancel the invalid marriage certificate?
A V Vishal
(Expert) 02 March 2010
Give facts of the issue.
Querist :
Anonymous
(Querist) 02 March 2010
Well...concerns a NRI boy who has been wrongfully tagged as married by a party in Gujarat, Ahmedabad who say he is married to their daughter but where no marriage ever took place in terms of solemnisation rituals but despite this they have managed to obtain a marriage certificate in his absence after he attended a religious function at their residence. Hence, was interested in finding out what is actually termed as a legally valid marriage solemnisation event according to the Hindu Marriage Act 1955.
Parveen Kr. Aggarwal
(Expert) 02 March 2010
The Hindu Marriage Act, 1955 does not contemplate performance of any particular ceremony for solemnisation of a valid marriage. Section 7(1) of the Act provides that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. So, the customary rites and ceremonies of either party to a marriage MUST be performed. When one party alleges marriage and the other party denies it, the burden to prove the solemnisation of marriage in accordance with the customary rites and ceremonies is upon the party who alleges solemnisation of such marriage.
Querist :
Anonymous
(Querist) 02 March 2010
Ok...However, there must be a minimum requirement where both families are Hindu. Can as I have mentioned, the girls family get a marriage certificate without solemnisation taking place and would this be constituted as a valid marriage?
G. ARAVINTHAN
(Expert) 02 March 2010
For registration of Hindu Marriage under HM Registration Act, both the parents' signature is needed
Querist :
Anonymous
(Querist) 02 March 2010
But in this case his parents did not sign anywhere on any document...so what will this mean for him?...
Can he apply for the false marriage certificate to be declared null and void?
Parveen Kr. Aggarwal
(Expert) 02 March 2010
It will depend on the customs prevalent in the families of the boy and girl and if simple garland ceremony completes solemnisation of marriage in family of either of the two then, it may be considered as a valid marriage.
Regarding false marriage certificate, it can always be challenged and can be set aside by the Civil Court and the party forging and fabricating such a document is also liable for criminal liability.
Querist :
Anonymous
(Querist) 02 March 2010
Ok...I was looking on another website that describes that particular sect of Hindu's and in it it specifically details a long ceremony and not just a simple garland ceremony as the rituals for marriage. In terms of the marriage certificate, if marriage was not solemnised and this fact is shown to the court initially, how long after this is the marriage certificate normally cancelled or nullified and criminal proceedings enforced upon the guilty party?
Parveen Kr. Aggarwal
(Expert) 02 March 2010
The decision of a civil suit depend on a number of factors including the number of pending cases in the court where the suit is to be tried, the promptness of the plaintiff (not seeking adjournments for leading evidence etc.) and other factors.
The effect of criminal proceedings will be seen even at the initial stage.
Querist :
Anonymous
(Querist) 02 March 2010
If the boy's family were to provide evidence in the main, such as airline travel tickets and boarding passes showing his absence in the early hours on the day of registration, then...would that be sufficient for the court to immediately order the cancellation of the certificate?...that is with the knowledge that solemnisation did not take place?
Parveen Kr. Aggarwal
(Expert) 02 March 2010
For cancellation of the marriage certificate a civil suit will have to be filed and the same in every likelihood shall be contested tooth and nail by the opposite party. In such circumstance a complete trial will have to be held and it will take as much time as taken in decision of a civil suit. The documents stated by you may be qualitatively good piece of evidence in succeding in the case but merely on those documents a suit cannot be expedited.
Querist :
Anonymous
(Querist) 02 March 2010
What could be suggested to use in order to expedite the civil suit?...Since, the date of marriage and date of registration both fall on the same day and the application for marriage certificate was not filled out by the boy's family and was not signed by him also.
Also, the witnesses to the supposed marriage are both relatives of the girls family (her Mother's sisters husband and her Mothers brother) living a few doors away from the girls main residential flat within the same block of flats...would that be sufficient in your mind to prove that this is fraudulent?...
adv. rajeev ( rajoo )
(Expert) 03 March 2010
when there is no application and no sign of boy then it is better to challenge the marriage. He has to file a suit for declaration that Marriage is null and void.
Querist :
Anonymous
(Querist) 03 March 2010
Who does the suit need to be filed with, i.e. Criminal courts or civil courts?...and what would the boy's family need to do since he is outside the country right now?...
Parveen Kr. Aggarwal
(Expert) 03 March 2010
A civil suit for declaration of marriage certificate being fraudulent and for setting it aside may be filed in a civil court whereas proceedings for criminal prosecution for forgery and fabrication may be launched either in the criminal court or by lodging an FIR. Both the proceedings may continue simultaneously.
Querist :
Anonymous
(Querist) 03 March 2010
When you refer to civil court...what court in particular would that be?...as criminal court would be referred to district magistrates court...so what would it be in the case of civil court?
Parveen Kr. Aggarwal
(Expert) 04 March 2010
Civil court for filing a civil suit is the court to whom jurisdiction for trying such suits has been conferred and include courts of Civil Judge (Senior Division), Additional Civil Judge (Senior Division) and Civil Judge (Junior Division) whereas criminal courts are courts of Chief Judicial Magistrate, Addl. Chief Judicial Magistrate, Judicial Magistrate of the First and Second Class and for Metropolitans Chief Metropolitan Magistrate, Addl. Chief Metropolitan Magistrate and Metropolitan Magistrates. District Magistrate is not a criminal court and is an Executive Magistrate.
Guest
(Expert) 05 March 2010
I do agree with Parveen
Querist :
Anonymous
(Querist) 13 March 2010
Thanks...
We have just had further information from my friend that the family in Ahmedabad has admitted that solemnisation has not taken place. Therefore, in what way would we be able to apply to the authorities to get the certificate that was originally wrongfully issued cancelled?
Would be grateful of a response as my friend would like to get moving with the necessary action.
Querist :
Anonymous
(Querist) 28 March 2010
Thanks...
We have just had further information from my friend that the family in Ahmedabad has admitted that solemnisation has not taken place. Therefore, in what way would we be able to apply to the authorities to get the certificate that was originally wrongfully issued cancelled?
Would be grateful of a response as my friend would like to get moving with the necessary action.
