Is marriage legal or not


I want legal suggestions for my sister:

My sister got married to a guy in arya samaj mandir and got registered by Marriage registrar. After 2 months she realised that the person is fraud and not a good person. Now she ran away from his house after informing police to her parental house.

When I gone through the certificates and boys documents I found that it was registered in court on 27 dec. and Marriage was taken place on 26 dec in arya samaj mandir.But my sister was at home on 26th dec. And ran away on 27th dec. for that I have MPR copy ( of 27th dec).

When I gone through the documents of boy I found that he has not completed his 21 , he is underage in two documents that is his license and his voter ID. But on adhar card it shows he is 23 years old.Boy doesn't have any other documents as per my sister is saying.

Also he had 1 witness of his own and the second witness was arranged by arya samaj advocate.

Boy is illiterate and my sister is graduate, she is 28 years old and elder than boy

Address which was mentioned in his documents also not true, he was residing on that given address 3-4 years before. I have sent a registered letter on that given address it was return back (on the top of that letter it is written respondent is not in this address). Later my sister told me the boy doesn't reside over there from last 3-4 years.

Marriage was solemnized in Gaziabad arya samaj and we belongs to Rajasthan.

Please give us legal advice is this marriage nullify.

 
 
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legal advisor

You can move the court to nullify the marriage on grounds of fraud.you got to do it within a year of getting knowledge about the fraud
 
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Advocate

Many Arya Samaj mandirs in Delhi/NCR are involved in fraud/fake marriages and even getting these marriages registered with Registrar of Marriages. Your seems to be one such case. Unfortunately the case happened in Uttarpradesh, hub of all sort of criminal activities in convince with local police and very slow judiciary that will further be bigger burden on your head if you go there for any justice. Yes you may file annulment of marriage in Rajasthan where your sister presently resides. The summon to the respondent will be sent by the court but if he fails to appear and defend the case, the court will proceed ex-parte against him and decide the case in your favour.
 
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LEGAL CONSULTANT

Repeated query

http://www.lawyersclubindia.com/experts/To-void-a-marriage-601721.asp

 

 
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LEGAL CONSULTANT


 
Author : Abhishek 

Posted about 16 hours ago


 
I want legal suggestions for my sister:

My sister got married to a guy in arya samaj mandir and got registered by Marriage registrar. After 2 months she realised that the person is fraud and not a good person. Now she ran away from his house after informing police to her parental house.

When I gone through the certificates and boys documents I found that it was registered in court on 27 dec. and Marriage was taken place on 26 dec in arya samaj mandir.But my sister was at home on 26th dec. And ran away on 27th dec. for that I have MPR copy ( of 27th dec).

When I gone through the documents of boy I found that he has not completed his 21 , he is underage in two documents that is his license and his voter ID. But on adhar card it shows he is 23 years old.Boy doesn't have any other documents as per my sister is saying.

Also he had 1 witness of his own and the second witness was arranged by arya samaj advocate.

Boy is illiterate and my sister is graduate, she is 28 years old and elder than boy

Address which was mentioned in his documents also not true, he was residing on that given address 3-4 years before. I have sent a registered letter on that given address it was return back (on the top of that letter it is written respondent is not in this address). Later my sister told me the boy doesn't reside over there from last 3-4 years.

Marriage was solemnized in Gaziabad arya samaj and we belongs to Rajasthan.

Please give us legal advice, is this marriage nullify.Please guide me...
 
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LEGAL CONSULTANT

Why did U repeat the same query in a new thread after U got the suggestions from the legal experts? We are not here to while away our leisure time,but take some of our busy time to be in the forum to assist the needy.

 
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advocate

As the boy was below 21 years of age at the time of marriage, the marriage is voidable under S.12 (1)(b) and on that ground itself, if your  sister  file petition, it can be annuled. 

 
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You have stated

When I gone through the certificates and boys documents I found that it was registered in court on 27 dec. and Marriage was taken place on 26 dec in arya samaj mandir.But my sister was at home on 26th dec. And ran away on 27th dec. for that I have MPR copy ( of 27th dec).

 

What is full form of MPR?

 

Can you prove that on 26 DEC (2015 ?) when marriage took place, your sister was at home?

 
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Thanks all for your legal suggestions
 
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@DATT K MPR is Missing Person Report. Yes I can prove she was at home on 26 dec 2015

 
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