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OPPILAMANI G (ASST> COMMR)     10 February 2019

Marriage cancellation deed

My brother lived with one lady from 1980 and separated themselves on 9-10-2000 after executing a marriage cancellation deed and got registered on 4-1-2001. In that deed they had stated that they had married as per the existng customs and separating themselves and they had no children. After that my brother in 2002 had married another. Please clrify whether the Marriage cancellation deed is sufficient to marry another without getting legal separation orders from the Courts.


 5 Replies

Vijay Raj Mahajan (Advocate)     10 February 2019

No that is not sufficient, the marriage can be dissolved by decree of divorce from the Family Court. Both parties should move joint petition for divorce by mutual consent and get the marriage disolved by a proper procedure.

ADVOCATE Ravikantsoni (advocate)     10 February 2019

It is mandatory to Divorce from the Family Court .both file application under section 13 B hindu mar.act for divorce by mutual consent .

Shashi Dhara   10 February 2019

U tell they have cancelled marriage on has completed be quiet why do u enrage the wound it may cause septic.whether she has remarried .any trouble arises. Both of them R matured or not..

Shashi Dhara   10 February 2019

Don't Tom Tom u .

Suhail suhail (LAWYER)     11 February 2019

Your saying that "legal seperation order" is axiomatic that you know the cancellation deed is not equal to legal seperation. If you don't have any problem now then why to scratch it. But if you apprihend that in future your brother's ex wife could question the diveorce then the answer is "yes". Since you are not legally seperated but the deed duly registered in the presence of witnesses can be your defense as that will be evidance for your  mutual seperation. The loose ends have tendancy to entagle and may   and may  bother you if not fixed properly.

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