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To void a marriage

(Querist) 02 June 2016 This query is : Resolved 
I want legal suggestions for my sister:

My sister got married to a guy in arya samaj mandir and got registered by Marriage registrar. After 2 months she realised that the person is fraud and not a good person. Now she ran away from his house after informing police to her parental house.

When I gone through the certificates and boys documents I found that it was registered in court on 27 dec. and Marriage was taken place on 26 dec in arya samaj mandir.But my sister was at home on 26th dec. And ran away on 27th dec. for that I have MPR copy ( of 27th dec).

When I gone through the documents of boy I found that he has not completed his 21 , he is underage in two documents that is his license and his voter ID. But on adhar card it shows he is 23 years old.Boy doesn't have any other documents as per my sister is saying.

Also he had 1 witness of his own and the second witness was arranged by arya samaj advocate.

Boy is illiterate and my sister is graduate, she is 28 years old and elder than boy

Address which was mentioned in his documents also not true, he was residing on that given address 3-4 years before. I have sent a registered letter on that given address it was return back (on the top of that letter it is written respondent is not in this address). Later my sister told me the boy doesn't reside over there from last 3-4 years.

Marriage was solemnized in Gaziabad arya samaj and we belongs to Rajasthan.

Please give us legal advice, is this marriage nullify.Please guide me...
Abhishek (Querist) 02 June 2016
I want to void my sister's marriage:

As the boy she married is a fraud.

He married my sister at Gaziabad arya samaj Marriage, it took only few hours for this marriage and hand to hand she got registered Marriage certificate.

The date mention in certificate is not correct as Marriage took place on same day she ran from home, but it is mentioned that Marriage was solemnized one day before she left home.

Boys is not of marriageable age as his voter ID and driving license date says.But in his adhar card he is 23 years old.

His address is not correct as he and his family left that place 3-4 years before

He arranged only one witness and the other witness arya samaj advocate arrange for him.

Please guide as my sister life is ruined.
SAINATH DEVALLA (Expert) 03 June 2016
U said that the Marriage Certificate was registered in court on 27th Dec,when did the marriage take place?
"When I gone through the certificates and boys documents I found that it was registered in court on 27 dec. and Marriage was taken place on 26 dec in arya samaj mandir.But my sister was at home on 26th dec. And ran away on 27th dec. for that I have MPR copy ( of 27th dec)."
clarify the above paragraph
Sudhir Kumar, Advocate (Expert) 03 June 2016
Given facts do not indicate any grounds for declaring marriage void. If the boy was not of marriage able age then let your sister rake tje issue face criminal charges against herself.

You can consider criminal cases against boy in cheating charge and divorce.
SAINATH DEVALLA (Expert) 03 June 2016
He has repeated the same query again in another thread:

http://www.lawyersclubindia.com/forum/details.asp?mod_id=137977
Abhishek (Querist) 03 June 2016
@Sudhir Kumar My sister has seen boy's adhar card where his age is 23 year. Then how come she knows that boy is 21 year old. But after marriage we gone through his voter ID and driving licence where age is not reached 21 year yet. And my sister has not seen other document at that time as she was in hassle. But now she is saying boy has given photocopy of voter ID at Arya samaj then how come that advocate not notice it. Infact we have shown all boy's documents to police he himself told us this is wrong where in one document( adhar card) he is 23 and in 2 documents he is 21 (voter id and driving lisece). He also told us that we can file a case against him.

Marriage has taken place on 27th dec. the same day she ran from home, immediately we filed MPR and we have MPR copy. And on 26th dec. she was at home. On certificate it is written that both girl and boy
"Has been presented in this office on 27th dec where in it has been declared that the marriage was solemnized on 26th dec. at Arya samaj mandir, Gaziabad"
Please guide me if we should go for divorce or nullify the marriage
Abhishek (Querist) 03 June 2016
@Sainath Devella Marriage has taken place on 27th dec. the same day she ran from home, immediately we filed MPR and we have MPR copy. And on 26th dec. she was at home. On certificate it is written that both girl and boy
"Has been presented in this office on 27th dec where in it has been declared that the marriage was solemnized on 26th dec. at Arya samaj mandir, Gaziabad"
Please guide me
Sudhir Kumar, Advocate (Expert) 03 June 2016
Given facts do not indicate any grounds for declaring marriage void.
Rajendra K Goyal (Expert) 09 June 2016
Agree with the expert Sudhir Kumar.

Obtain birth certificate of the boy from registrar office, which is better proof of age.

Try schools near the birth place and school record regarding date of birth may also help.


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