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RAMESH S   03 June 2016

Cancel marriage registered under icm act

My daughter got engaged with a groom and the marriage fixed for end of June. During March 2016, she had difference of opinion with engaged groom (who is progrowth) and all the suggestions by groom has been understood wrongly by my duaghter. I was unaware of these things. She shared her feelings with a collegemate. (He is a SC - Christian) He misguided her, influenced her and gone to the extent of registering their marriage under Christian Marriage Act on a single day itself by spending a lot to a lawyer. Till yesterday we did not know about this, to our surprise that collegemate brings a Ceritifcate of Marriage and claims my daughter as his wife. He lives in a slum and still not completed his studies and no earning member in his family. My daughter is confused and unable to take any decision. She is afraid that she cannot escape from him and due to this. We wish to save her life. Please guide me properly to prove that marriage registered under ICM Act is null and void and save her life. We are Hindu Brahmin. And we live in Chennai.

 



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 9 Replies

adv.bharat @ PUNE (Lawyer)     03 June 2016

Since ur daughter is not agreed for marriage with that person. The certificate produced by that person is of no value in eyes of law.

Send him notice through lawyer that not to threat ur daughter.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     03 June 2016

Sir, 

 

File a case of fraud against that boy and send him behind the bars as he has started to take the benefit of the situation and misguided your daughter. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2016

Unless UR daughter conveyed her willingness to marry that boy,marriage under ICM would not have been done.There should have been witnesses from either side.Once the marriage is registered its is valid as per law.today she can't feign ignorance that she has been forcibly married.

" He misguided her, influenced her and gone to the extent of registering their marriage under Christian Marriage Act"

The above lines indicate that UR daughter is also at fault.Hence better take the assistance of a good local lawyer and act accordingly.

Siddharth Dev (Advocate)     03 June 2016

Under Section 22 of 'the Act', it is pointed out that Christian spouses are not entitled to dissolution ofmarriage on grounds of adultery, cruelly or desertion but are entitled Only to judicial separation which has the effect of a divorce a mensa et thoro i.e. separation only from bed and board whereunder matrimonial bonds remain undissolved. But spouses governed by other Acts such as Special MarriageActHindu Marriage Act, 1955, Parsi Marriage and Divorce Act, 1936, Dissolution of MuslimMarriages Act, 1939 are entitled to dissolution of marriage and not merely judicial separation on these grounds. Christian spouses are thus discriminated only on the ground of their being Christiansby religion. This violates the mandate of Article 15 of the Constitution.

Thank you

Siddharth Dev (Advocate)     03 June 2016

Under Section 22 of 'the Act', it is pointed out that Christian spouses are not entitled to dissolution ofmarriage on grounds of adultery, cruelly or desertion but are entitled Only to judicial separation which has the effect of a divorce a mensa et thoro i.e. separation only from bed and board whereunder matrimonial bonds remain undissolved. But spouses governed by other Acts such as Special MarriageActHindu Marriage Act, 1955, Parsi Marriage and Divorce Act, 1936, Dissolution of MuslimMarriages Act, 1939 are entitled to dissolution of marriage and not merely judicial separation on these grounds. Christian spouses are thus discriminated only on the ground of their being Christiansby religion. This violates the mandate of Article 15 of the Constitution.

Thank you

saravanan s (legal advisor)     03 June 2016

Even if married that guy cant force your daughter to live with him against her wishes but the marriage is legally valid and a divorce through court is a must to come out of the relationship

antony JP (teacher)     04 June 2016

You will have to prove them in the court.....it will take time.....your daughters future may be in trouble.....try for a amicable settlement.....

prabhakar advocate (advocate)     04 June 2016

I totally agree with Sh. Sainath Devalla.  Your daughter walked to the church willingly  and got married.  Now your caste Brahmin and Tamil came into your way to treat that poor boy from SC living slum as son-in-law.  Your daughter accepted him as her husband. But you don't like him son in law.  If you force your daughter to change her choice and treat SC boy from slum as dirt and dust, and she agrees with your parochialism, then go to court and file divorce petition and sweat it out to get divorce decree.  There is no other way except to get divorce decree from court of law and the marriage cannot be broken in any other way.   I am quite sure India can never become progressive as long as this caste, religion and region come in the way of matrimony.

SAINATH DEVALLA (LEGAL CONSULTANT)     04 June 2016

Another vital point the author is not revealing is whether the girl converted to Christianity. Churches don't perform marriages between Christian and non Christian ,nor does it comes under ICM.

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