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dinesh (am)     18 December 2011

Arya samaj marriage cencellation help rqst

My sister married three yrs ago with one of my second line cousin(tauji ka ladaka)  at one of arya samaj mandir.and the fact came to our knowladge  when  we trying to searching a suaitable person to her.and this was came to know throgh the person to whom we were trying to marry her.my cousin send him some photograf and certificate of that said marrige.and on confirming the fact my sister denied that act . and dont want to go whith the said marrige.and the said cosine is trying to force and attempted to thritten her for dare consquences.

what is the bst remeidies to get the problem solve through legal point .and we want to marry my sister as soon as possible.

1.fact >is arrya samaj allow to marry second line blood cousin as per hindu marrige law

2.fact>what is the best legal way to cencel the said marrige on this ground.

3.fact > on girls concern can we attempted to s*xual harrasment on boy.to cencel the marriage.

4.fact> can in this situation girl can apply for glegal cencellation for the said marrige .

5.fact >can we do my sister marrige without taking any legal permission , is there any hurdle in this.

6.fact> how much time it will take to cencel the said marrige legaly.

7fact> in case boy denied the concern over cencelation of marrige than what we have to do legaly.

8.fact> what best law to prevent the girl


 7 Replies

Sudhir Kumar, Advocate (Advocate)     18 December 2011

Please check whether at all this marriage is valid and whether the boy has induced the girl by making him to believe a lawful husband then the possibility of rape can also be there if they had lived togather.

dinesh (am)     25 December 2011

no, they are not living togather..as husabnd wife.how can we check the validity of marriage....

dipender kumar (advocate)     25 December 2011

If the boy is girl's father's  elder brother's son, then the marriage is void-ab-initio despite registration in Arya Samaj Mandir.  The girl can file a petition in the court for declaration of the marriage as null and void and she will get the same and after that she can marry any one she likes.  Some of the legal experts say that in the case of void-ab-initio marriages, even the declaration from competent court is also not required.  But as pre-caution and to avoid future bad consequences, I suggest you to file a case for declaring the marriage as void.

dipender, advocate.

dinesh (am)     25 December 2011

boy is second in line cousin as my great grand  father and boy's great grand father was brother....

dinesh (am)     25 December 2011

can we claim this marrige cencel on the ground of RAJ-HC riders on  arrya samaj.becouse this so called marriage is dated nov 2008.

dipender kumar (advocate)     25 December 2011

girl (first generation), her father (second generation), grand father (third gen.), great grand father (fourthgeneration), great-great grand father (fifth generation - common ancestor).

Through father, sapinda relationship extends till fifth generation.

So, in my view, it is sapinda relationship and void-ab-initio.

But, you must take second opinion as I am not good in counting relationships.

I have got my own doubts about the sustainability of Rajasthan HC verdict.

dinesh (am)     01 January 2012

kindly provide case referance and study material regarding void- ab-intio and contact no of a best practinitoer in this field...in jaipur

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