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poppu (none)     15 April 2010

need advice immediately -- in desperate

my friend married his first cousin (parallel cousin) 2 yrs back without his parents knowledge and registered it under hindu marriage law in India...Since its not accepted in hindu society,to avoid more issues for both their parents they live separately till now.

Meanwhile due to extreme pressures of name/fame of their family they want to put this down and each of them want to go their own way by marrying some one else and its a mutual agreement and they will not accuse each others for the sake of their parents any more.

following are their questions now

1. Since first cousin marriages are void/null in India under hindu marriage act should they legally divorced(pls note that they will not claim at any circumstances and will not take any legal action against themeselves) so even if its mutual one is a divorce neccessary though the marriage is considered void?

2.If he/she marries a new person and goes to registrar office to register the new marriage will the old records show up and will he/she be arrested?

3. Should there need to be a case to remove their registration from govt database though this is not a void marriage?


Please let me know ASAP.


 5 Replies

unique horn (self)     15 April 2010

1) once marriage has been registered (under any act), court was the only power to make it null/void.

2) he/she can claim at any time in future until it has been made null or mutual consent by/before court.

3)The register has no power to verify old records and even finding that  he has no power to lodge a compliant against he/she. But your  friend/his wife can make a compliant against other who try to get marries a new one.

4) there is no way to remove the registered database in register office .

so, there is no problem unless or until any one of them make a legal compliant against other on the grounds of this register marriage. 

poppu (none)     15 April 2010


Couple more..

1. In if i give their names i can see the details coming up..if someone searches like this it would also come up right?so how come the registers dont have any power to identify old records

2. Is there any way the new spouse raise any legal action if he/she comes to know about the registered first marriage

3. how long does tat take to nullify such marriages?will both of them need to be in India for the proceedings?if we file a nulliy petition to court is there any chances of arresting both of them since they registered against degrees of prohibited relationship?

poppu (none)     18 April 2010

Can anyone please answer my questions above?

Thanks in advance

M.Suresh (PROPRIETOR)     05 May 2010

There should a complaint/complainant for any prosecution. The complainant should be aggreived. In your query  hopefully the new spouse on either side can lodge a complaint alleging that the earlier marriage was not revealed. (offence _ bigamy). Even original partners can accuse of each other that one of them cheated even if there is a oral agreement. I have seen such cases.

Regarding time period for nullity of marriages in  indian courts  cannot be ascertained many courts follow many procedures. For example in chennai courts they send atleast 3 notices before they set exparte, paper publication, and time for counter statement, in case if it is set exparte the opposite party can file a set aside within one month. So it easily takes not less than 2 to 3 years. (Of course counselling for atleast 3 to 6 months). No question of arrest if u file a nullify petition.

lekhasankar (lawyer)     13 June 2010

the entry in registration office is to b removed through proper proceedings as per law

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