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Sandeep Vyas (CRO)     20 September 2011

Arya samaj registered marriage cancellation

Hello, 

My friend's sister was going for private tuitions at a person's place. He misguided her and trickced her to get a registered marriage done at the arya samaj temple. When the girl's parents made her understand that the person is not right as he is around 18 years elder than the girl and it was a conspiracy against her then she realized and now ready to get the marriage cancelled. I just want to know that can we get the marriage cancelled as it is not registered in the court it is a registered in Arya samaj temple. Just for the information purpose that the registration has taken place in July, 2010 so it is already more than one month. 

Please help me with the way out as no one in our contacts is familier with legal procedures.

 

Thank you



Learning

 10 Replies

Tajobsindia (Senior Partner )     20 September 2011

@ Author 

1.
A certificate issued by Arya Samaj Temple is a registered marriage per se Court (legal) purposes. 


2. For ans. to your question read thread post;

https://www.lawyersclubindia.com/forum/How-to-cancel-register-marriage-44211.asp

1 Like

Chetan Singh (SE)     20 September 2011

Hi Sandeep,

If marriage certificate is issued then it can't be cancelled without divorce.Since Arya samaj is a valid marriage under the eye of Law.

Better to talk to man if he is ready for MCD. Else file the case of fraud, misguiding,420 in court and appeal for
Null and Void the marriage. You can also use the ground that he has eaten your sister some alcohlic things so your sister brain was washed completely .

 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 September 2011

Your friend should file for nullity of marriage.

 

Birth Certificates don't expire.... people expire.

Similarly Marriage Certificates can not be cancelled, marriage can be dissolved or nullified.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

JP (PM)     27 October 2011

Dear Shonee,

 

What are the methods or basis for dissolution or nullification of marriage?

 

Thanks,

JP

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 October 2011

Dear JP,

 

It is enshrined in Hindu Marriage Act, 1955:

 

 

11. Void marriages

Any Marriage solemnised after the commencement of this Act shall be null and void and may, on a

petition presented by either party thereto 7[against the other party], be so declared by a decree of nullity

if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

12. Voidable marriages

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be

voidable and may be annulled by a decree of nullity on any of the following grounds, namely,-

1[(a) that the marriage has not been consummated owing to the impotence of the respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of

the petitioner 9[was required under section 5 as it stood immediately before the commencement of the

Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was

obtained by force 10[or by fraud as to the nature of the ceremony or as to any material fact or

circumstance concerning the respondent]; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the

petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-

(a) on the ground specified in clause (c) of sub-section (1), shall be entertained if-

(i) the petition is presented more than one year after the force had ceased to operate or, as the

case may be, the fraud had been discovered; or

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as

husband or wife after the force had ceased to operate or, as the case may be, the fraud had been

discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is

satisfied-

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnised before the

commencement of this Act within one year of such commencement and in the case of marriages

solemnised after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the

discovery by the petitioner of the existence of 11[the said ground].

arjun solanki (software engineer)     11 April 2013

Hi shonee Kapoor sir,

 

I am in love with girl who Hindu by religion.

I have came to know all about Arya samaj marriage, it seems totally legal, but still i am so much curious to know , is it any  Disadvantage of getting married according to arya samaj ? Because i need totally legal protection after getting married with her.


Thanks

kaushik (student)     23 May 2014

Dear Concern

I got married on 2nd december 2013. The girl has changed completely after the marriage but she is ready to sign anywhere. we havn't got it registered by the court. It's just the certificate, no registrations. But as i know it is 100% legal. due to fear of being challenged in future, i want to get it dissolved by anyway.. Please guide me with a successfull step to be taken.. Looking forward to hear from you.

 

Thanks

Sudhir Kumar, Advocate (Advocate)     26 May 2014

even unregistered marriage is valid and binding.

SKJ   16 October 2015

Hi, my one of the female friend has submitted the application for marriage in aarya samaj mandir with all the valid documents including affedevit with her signature one month before. marriage certificate is not issued yet as marriage is not performed yet. but now she dont want to marry with this guy(as she come to know some truth about him) she wants to withdrwa her application from arya samaj mandir.

Arya samaj mandir people is demanding 30k (21k for temple trust commette and rest for pandit and all) for cancelling the application. 

and that boy has the original affidevit which she signed at the time for giving the application

so wants to know about how to deal with this situation. this guy has also threaten her that he will public all the messages if she refuses.

Please help and advice how to get out of this without informing to her parents.

vkarun   19 November 2015

Hi ,

I need help, please suggest me ..

My brother recently got arya samaj marriage with muslim girl but they are not registered proper.

Now we want to cancellation of this marriage.

Still he didn't get any certificate from arya samaj mandir because arya samaj team facing some date issues. they wants some agrement of date-change than they will sign the certificate..

Now please suggest, we have any way to cancellation this metter. 

Also arya samaj member told him, if he is not provide required document regarding date issues they didn't allow certificates. or that marriage automaticaly rejected, Is it ???

please help...

 


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