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Mrinalkanti (Teacher)     08 December 2009

nullification of marriage

last month I registered for marriage under special marriage act with a girl saing that I am an top ranked officer of a MNC.but it is wrong.till date social marriage not happened;of course there is no such physical relation happened.now she wants to nullify this marriage because I told her a false statement.after nullification can I get punished?



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 18 Replies

Adv. Deepak (Advocate)     08 December 2009

Dear Mr. Mrinalkanti, If you have applied for the marrige but your marrige has not been registered and no certificate of registration has been issued by the registrar, there is no marriage at all.  Under Special Marriage Act, after applying for registration, before completion of 90 days, the marriage is required to be performed and if it is not performed in the eyes of law, it is not a marriage at all.  So you need not worry.  Regards.  Adv. Deepak  ddkharpudikar@indiatimes.com  9850390145

Khaleel Ahmed (Legal Advisor)     08 December 2009

well advised by Mr. Deepak.

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Mrinalkanti (Teacher)     08 December 2009

No sir,marriage is registered and cirtificate is  already issued.but social marriage not yet happened.

Hardik Mehta (Family Counsellor)     08 December 2009

In that case, you can apply for the nullity of the marriage on the bases of non-consumption of the marriage. Girl can also use fraud as additional marriage ground and you have to accept the same to get it annuled. This way the nullification is faster.

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Mrinalkanti (Teacher)     08 December 2009

If the term "fraud" proved.what kind of punishment possible under IPC?

Sandeep Jha (Advocate)     08 December 2009

Pls ensure that the case of nullification of marriage is brough within one year from the date of knowledge of fraud

Mrinalkanti (Teacher)     08 December 2009

marriage registration date 02.11.2009;proposed social marriage date 30.11.2009[which is posponed or cancel].and nullification of marriage case filing date 04.11.2009.

Mrinalkanti (Teacher)     08 December 2009

marriage registration date 02.11.2009;proposed social marriage date 30.11.2009[which is posponed or cancel].and nullification of marriage case filing date 04.12.2009

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 December 2009

Marraige is marraige. Registration is strong proof of marriage.

Do not repeat that "social marraige cancelled". It is not required. It is for the society and you.

Once marraige is registered, it is valid in the eye of law.

To nullify it, I agree with Mr.Hardik Mehta.

Only if there is prosecution by the girl against you for the alleged fraud, you can be punished.

Pleading before family court, will attract punishment. 

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N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 December 2009

read last sentence as " will not attract"

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Mrinalkanti (Teacher)     09 December 2009

can you say Mr. n. Ramesh,what kind of punishment{maximum]possible?

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     09 December 2009

It depends on proof, gravity, nature and circumstances of allegation and evidence.

In your case, I am of the opinion that marrying a girl on false statement, without causing or intention of causing any wrongful gain to you or wrongful loss to the girl, the offence of cheating will not be attracted.

Any how, the maximum punishment prescribed for cheating under section 417 IPC is one year imprisonment or fine or with both.

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Hardik Mehta (Family Counsellor)     09 December 2009

Mrinal,

There is no punishent for the fraud since there is an understanding with the girl that this is for the sake of the annulment. Otherwise she has to prove the fraud and this cannot attract any punishment under IPC.

1 Like

aman kumar (SUPERVISER)     10 December 2009

all depends on both you ! what u want?? if girl want legal seperation than both you go to registrar office to cancillation of marrige , if she want a suit of froud against you  you will be punished < but court needs evidence of froud & matter become long ! so for good future both you agree for seperation do action for cancellation of registration WILLINGLY ! GOOOD LUCK

 

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