registration

Querist : Anonymous (Querist) 29 March 2010 This query is : Resolved
Dear sir/madam,
As all of are aware we are required to get one's marriage registred before the marriage registrar once a person gets married. but what in case of a divorce? is there any provision to get the registration of the marriage cancelled after one is divorced? how do we do it?
can i please be guided on the topic?

I do agree with all of your views that once a divorce takes place, the decree is in rem. but what if the other party tries to take undue advantage of the registration (marriage) certificate, as the certificate is not cancelled. the parties have to produce the divorce decree to show they are divorcees. but may be there can be misuse by the other party in getting passports, etc. so how to protect oneself from such misuse? even if a person is a divorcee, if the marriage certificate is not cancelled, there is a chance of misuse of that certificate.
Please clarify

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Devajyoti Barman (Expert) 29 March 2010
Once a a person gets divorce his marriage certificate gets automatically without any force and for this no separate act or order is required.

Raj Kumar Makkad (Expert) 29 March 2010
I do agree with barman.

Parveen Kr. Aggarwal (Expert) 30 March 2010
A Judgment in a matrimonial proceeding is a judgment in rem.

Deekshitulu.V.S.R (Expert) 31 March 2010
It is a judgment in personam. It only solves a rpblem between wife and husband. It is not of universal application. There is no procedure of getting the marrige cancelled before the registrar. The only remedy is by a decree of divorce by competent court.

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