Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sherry_bal (Professor)     21 March 2012

Can arya samaj marriage be annulled or cancelled ?

Hi ,

 

Is there any possibility where marriage performed according to arya samaj way be cancelled or annulled . Parents were not aware of this happening . it was done almost 1 year back . both partners have not stayed together for a single day . Is this marriage is given complete recognition by indian law system . is cancellation is allowed then what are the methods ?

 

Thanks,



Learning

 13 Replies

Kiran Kumar (Lawyer)     21 March 2012

if the marriage is performed as per ceremonies and legal provisions have been complied with then the only way out to annul the marriage is to get divorce.

Sherry_bal (Professor)     21 March 2012

What could have been the legal provisions over here ?

 

The marriage was not registered in court or with any other organisation

 

Regards,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 March 2012

It is a valid marriage and can be annulled on available grounds in HMA only.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Gulshan Tanwar (Advocate)     26 March 2012

Where ever you do marriage, but it will get divorce only through the procedure of the Court.

Sherry_bal (Professor)     02 April 2012

Thanks shonee for the reply .

 

I have one more query about The new updation in the HMA about the cool off period which can be at descrition of judge . When will it come into force ?

 

Regards,

BAL

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 April 2012

God knows. It is still proposed amendment.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Adv. Chandrasekhar (Advocate)     03 April 2012

Arya Samaj Marriage is valid as per Arya Samaj Marriage Validation Act, 1937.   But in one case, Rajasthan High Court declared the marriage perform in Arya Samaj null and void on the ground that notices have not been properly served on the concerned parties.  The hon'ble High Court of Delhi, as per the reports I have gone through,  has taken a strict consideration about the arya samaj marriages held in Jamuna Bazar, Delhi as they have been following illegal methods and on this mandir also, addl. sessions judge Ms. Kamini Lao sought report.

You also find out about the arya samaj mandir where the marriage was solemnized and if there are any irregularities happening in that place in performance of marriage for seeking null and void declaration of marriage.

Sherry_bal (Professor)     05 April 2012

The mandir where arya samaj marriage was soleminized was not even arya samaj mandir . and the pandit who performed the rights has already been expelled by arya samaj body over here .

 

can it is held as null and void on these grounds

Deepika Kumari   21 August 2015

Hi everyone

I want to nullify my own marriage at any cost. I was fooled by a guy and finally married to him in Arya Samaj Mandir in 2009. But no rituals were performed there. I just went to the mandir and signed in their register in the presence of a pandit and 2 witnesses both from the boy's side. I was just 19 yrs old at that time. We have never lived together after the marriage certificate has been issued. I am living with my parents and that guy is living with his family. I had been blackmailed by that guy just after 6 months of the issuance of certificate. And it's been more than 5.5 yrs since this marriage took place. And now after so much suffering I have decided to end this at any cost. He is torturing me like hell. He has been putting extreme mental pressure over me to elope with him or else he will kill my parents. Moreover, no photographs were taken, no video is there, both the certificates issued is with him. And that's what he is using to blackmail me. He has said that he wont let me get married to anyone else. Please can anybody help me out of this situation ???

prabhakar advocate (advocate)     22 August 2015

Yes, madam Deepika.  Your marriage can be annuled on the ground of fraud perpetrated by him or if you want divorce on the ground of cruelty and desertion.  If you are blackmailed, it is better for you to talk with your parents and brother and go to the police station and register a complaint.  Even though he has marriage certificate,  he is not entitled to force you to live with him.  Engage a good advocate and take appropriate steps to get out of very turbulent situation you are going through.  Best wishes.

Prabhakar Advocate

(M)9958670740.

Family Law legal aid panelist - Central Delhi (Tis Hazari)

 

Deepika Kumari   22 August 2015

Thanks a lot sir. But can you please suggest me the name of a good family lawyer in Bhubaneswar, Orissa who can help me out of this situation??? And one more thing I would like to know that can this marriage be annulled on the ground of not living together since marriage till today for such a long period i.e. 5yrs and 8months.

Deepika Kumari   22 August 2015

Thanks a lot sir. But can you please suggest me the name of a good family lawyer in Bhubaneswar, Orissa who can help me out of this situation??? And one more thing I would like to know that can this marriage be annulled on the ground of not living together since marriage till today for such a long period i.e. 5yrs and 8months.

Deepika Kumari   22 August 2015

Moreover, it is compulsary that the marriage should be conducted by following all the hindu traditions whereas, no such marriage ceremony took place at that time. No rituals have been performed. I just went there and signed in their register that's it. Is it a valid ground for annulment. Please suggest on this matter too sir. I am going through so much pain and am unable to handle this stress too. Please help me sir.

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