False marriage certificate
Querist :
Anonymous
(Querist) 28 March 2010
This query is : Resolved
My friend (a NRI - non resident Indian) has recently come to know that a family whom he stayed with for a few hours following his pilgrimage visit to Ahmedabad, have in his absence from the city, managed to obtain a marriage certificate without his permission or consent.
We have come to learn that the family in Ahmedabad have in September 2009 filed a case in their local Family court under section 13(A) of Hindu Marriage Act and maintainence under section 125 of criminal procedure code. My friend has no idea of both of these cases and neither have any papers been sent to him concerning the same. We came to learn through friends in Ahmedabad who informed me and I have mentioned this to him. It is obvious that this family are trying to blackmail him with a view to obtain money through the courts from him and his family.
The facts we already know are:
1) He was absent during the alleged marriage and application of marriage certificate (his travel documents: boarding pass and air ticket show clearly that he left the city in the early hours of the same day, so concequently no marriage event too place)
2) No-one in his family has acted as witness on the original application or signed anywhere on the original application which friends have obtained a copy of from the Registrar's office.
3) His signature has been fraudulently produced on the application - slight variation from original
4) His signature is not present in the register of marriages also and neither is there any proof that he ever visited the registrar of marriages (appointment or photos)
5) No photos are present which clearly show any marriage solemnisation as I understand from section 7 of Hindu Marriage Act that both Satpadi and Kanyadaan are the binding elements in Hindu marriages which are customary rituals to both families, as his primary and only reason for visiting Ahmedabad was to take part in pilgrimage (visiting temples in and around city).
Is there any way to collapse both of the family court cases and secondly to launch a criminal case against the party in Ahmedabad concerned, with a view to either cancel the fraud marriage certificate or annulment decree?...How would he go about doing the same to avoid delay?...He has managed to find a high court advocate for him (based in Ahmedabad) who is willing to take on his case but because of the family court cases, he is also reluctant to pursue the issues. I would be grateful if any expert in this area can advise the best line of action he should take, taking into account the court cases that the other party have already filed against him and his family.
Also, whilst visiting this family there was a religious Puja held in the family flat which he attended, but did leave prior to the date of alleged marriage and registration of marriage.
Do advise accordingly...
Raj Kumar Makkad
(Expert) 29 March 2010
If he has not signed any marriage registration application and has not taken part in any marriage religious rituals then he has not to worry and no one can prove his marriage as alleged and he is not liable thereon.
Querist :
Anonymous
(Querist) 30 March 2010
What will happen to the cases that have been filed against him in Ahmedabad?...
Does he need to inform the court of the invalid nature of the case?
Querist :
Anonymous
(Querist) 30 March 2010
Just out of interest, would my friend need to contact the court and inform them of the fraud that has been committed as described above?
How soon after this can my friend apply for annulment of the fraudulent certificate?
Querist :
Anonymous
(Querist) 01 April 2010
I just spoke to my friend and he wanted to know whether or not he can lodge a court case separately to the current cases lodged in the family court for annulment of the certificate?...
How would he go about doing that?
Anybody who knows how this is done...please respond...
Raj Kumar Makkad
(Expert) 01 April 2010
The annulment of marriage is covered under section 12 (1) of HM Act but in my opinion, as there was no marriage between the parties so why to file petition seeking annulment of marriage. So far as annulment of certificate is concerned, a civil suit for declaration can be filed seeking its quashing and declaring it an illegal document.
