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niharika (hr)     12 September 2011

How to nullify Arya Samaj wedding?

i m a 26 yr old girl.i got married to a boy in july 2010 in an arya smaj mandir.we didn"t perform any rituals and no photograph was taken.we didn"t get the marriage registered.now both of us want to end this marriage.till today we have not informed our parents.we have never lived together,we had been living in our respective homes only.plz suggest what is easiest way to get separated?how much time will it take?i don"t want  to inform my parents.will it be fine?if i"ll get separated will this thing affect my future?do i need to inform my future husband about this?plz help...i m in a lot of tension



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 9 Replies

Tajobsindia (Senior Partner )     12 September 2011

@ Author

1.
Ask your 'this" husband to give one of his close friends residence address as "matrimonial home". Get credit card / tel. bills registered respectively on this address. Use this in Memo of Parties read with proof of identity and address respectively.


2. Jointly approach a Adv. and ask him to prepare Mutual Consent Divorce petition and with minimum "incompatibiltiy" grounds seek consent of court to dissolve both of your marriage by expressly disowning any past, present and future claims towards alimony, residence rights and stidhan.


3. Wait for 6 months statutory cooling off period and jointly approach same Court and affix same statement of first motion prayer to dissolve marriage by mutual consent.


It will be done and neither side parent will come to know in present times however what happens in future is different que. which is not built in into present query of yours.

Adv. Chandrasekhar (Advocate)     12 September 2011

The marriage can be dissolved only by mutual consent divorce decree for which you both have to move joint application and wait for 6 months and get the decree of divorce.

Do not go for another marriage, before getting the divorce decree.

Yes, it is always better to tell the truth to your future husband before the engagement itself.  Otherwise, if he is not large hearted and mean mentality husband, he can harass you life long or go to court seeking annulment of his marriage with you on the ground of cheating.

I understand your tension.  If possible, think over to take your family into confidence, so that your worries will be over.

You have done nothing wrong.  These errors happen in younger generation.  Try to come out of this problem with minimal discomfort. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 September 2011

You say you did not perform any ritual. You did not register your marriage either. You mean with the Registrar of Assurances or the Arya Samaj Mandir register? If you did not perform the ritual and nor did you register your marriage anywhere, where is the proof that you are married. Were there witnesses? Was there a priest? Were guests invited for the marriage. Arya Samaj marriages are valid under the Aryasamaj marriage validation Act. If you did not perform the rituals, how can it be a valid Aryasamaj marriage? In order to seek divorce, you should be married in the first place. Not only evidence of marriage, but also date and place of marriage are required. Your marriage does not appear to be  valid ab initio.

 

Adv. Chandrasekhar (Advocate)     12 September 2011

What niharika saying is - "we didn"t perform any rituals and no photograph was taken.we didn"t get the marriage registered."

It means Hindu Marriage rituals had not taken place and the marriage was not registered before the marriage registrar acting under Sectin 8 of the HMA Act.  It does not mean that Arya Samaj rituals did not take place or the marriage was not registered in the books of Arya Samaj.  The entry might be lying in the Mandir's register.  It is a valid marriage and can be dissolved only by way of mutual consent divorce decree.

niharika (hr)     12 September 2011

thanx 4 all your support.this is with regard to dr.ramani"s query,sir although we didn"t perform any rituals but we had signed papers.it was a stamp paper on which both of us signed.i also wrote on a piece of paper that i was doing everything according to my wish.then it was signed by two witnesses as well.now i don"t know how did the arya smaj mandir people agreed to do all this without performing any ritual?as far as i know i think the boy paid them some money for this.they also issued a marriage certificate.sir plz give your valuable suggestion.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 September 2011

Niharika, my friend,

 

It is a valid marriage, apply for divorce by mutual consent.

 

Like your marriage, your divorce can also remain a secret.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

PS: Thinking it a null and void marriage today can bring forth problems in future which you can not envisage right now.

niharika (hr)     15 November 2011

plz help me out....as stated earlier i got married to a boy in 2010....due to some problems now i dont want to be wid him.i told him dat i wanted to get separated...both of us didnt want to go to court for divorce.i came to know from a friend of mine that cancellation of arya smaj wedding is possible...u just need to pay money..is it possible?even the boy with him i got married suggested the same thing?is it really possible?if both of us want to get separted like dis,wil it cause some problems aftrwards?that boy is getting married n even i m also thinking to get married???plz suggest what to do???


(Guest)

If easy and legal parmanent way of mutual consent is available then why are you going in wrong way.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 November 2011

No cancellation of a validily performed marriage is possible.

 

 

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

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