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Abhishek   03 June 2016

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.

 


Learning

 17 Replies

saravanan s (legal advisor)     03 June 2016

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

Vijay Raj Mahajan (Advocate)     03 June 2016

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.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2016

Repeated query

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

 

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2016


 
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...

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2016

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.

prabhakar advocate (advocate)     04 June 2016

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. 

DATT K   04 June 2016

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?

Abhishek   04 June 2016

Thanks all for your legal suggestions

Abhishek   04 June 2016

@DATT K MPR is Missing Person Report. Yes I can prove she was at home on 26 dec 2015

DATT K   04 June 2016

When your sister was not present at the time marriage is shown to have been held, where is the question of nullifying marriage. All parties, who manipulated for holding/registering marriage can be booked.

 

But you have stated two things:

 

1. and got registered by Marriage registrar.

 

2. found that it was registered in court on 27 dec.

 

 

Elaborate events after 27 dec when your sister ran away.

Abhishek   04 June 2016

@datt k  

On 27 dec I got a call at around 9 o clock and my mother informed me that my sister has gone outside home at 7:30 and have called my mother that she is going khattu shyam ji ( one of the holy place at Rajasthan), my mother told her not to do this but she put the phone, when my mother called her back on that no.a boy received the phone and said my mother that my sister doesn't want to come back and put down phone, immediately my brother called that no. And talked to my sister she said I  am coming and put the phone. After that phone was switched off , same day we have been gone to police station and launched MPR. After that we searched her everywhere we didn't got her after 4-5 days she called us told about her marriage and she is at Madhya Pradesh at boy's home.
Later we find that his boss where  boy worked as labour has helped them to run away and marry at Gaziabad, also he arranged advocate for this.
We have gone to police station and informed police about her marriage but theirpoliceman show us about her marriage certificate and document which the boy (or advocate they appoint) has sent to police station by registered letter in the name of S.O. We have find that his age is different in all three documents i.e in voter ID and Driving license age is 14-7-1995 and on adhar card 1-1-1993.

Marriage has taken place on 27th dec. the same day she ran from home. And on 26th dec. she was at home. On certificate it is written that both girl and boy 
"Has been presented in this office on 27th dec where in it has been declared that the marriage was solemnized on 26th dec. at Arya samaj mandir, Gaziabad".
Marriage is registered in arya samaj mandir and court also.
We have sent a registered letter at the address in his documents which was return back to me My sister told me boy reside over that place 2-3 years back And now they reside some where else.
That means he has given false age certificate as well as address proof.And both documents are important for arya samaj Marriage.

Policeman told us that go to Gaziabad arya samaj and ask how they did marriage. But we thought now when the girl came back from Madhya Pradesh then we will do anything. She was at M.P for about 2 months, when she came back she told us that the boy doesn't respect her, harrsh her and beat her so within 20 days of reaching Rajasthan she left his house  after informing police.
We have  some boy's phone recordings as a proof that she harrsh her.

DATT K   04 June 2016

 In your first post, relevant part quoted below, you said marriage had taken place on 26 Dec but your sister was at home on that day:

 

First Post

 

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)

 

 

In the Second post, relevant part quoted below, you said, she called after 4-5 days and told you about her marriage. Then you said Later boy’s boss helped them to run away and they married at Ghaziabad.

 

Second Post

 

after 4-5 days she called us told about her marriage and she is at Madhya Pradesh at boy's home. Later we find that his boss where boy worked as labour has helped them to run away and marry at Gaziabad, also he arranged advocate for this.

 

WHEN DID THEY MARRY?

 

 

 

Abhishek   04 June 2016

@datt k Marriage was held on  27 dec, but as per Marriage registrar certificate it was held on 26 dec which is wrong.

DATT K   05 June 2016

It means your sister is a party to manipulation

 

Do yo agree?

 

She must have signed documents with date 26 Dec


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