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Manoj   03 December 2017

Solemnization of marriage in 2009 valid?

Me and my girlfriend both hindu but different cast registered our marriage in Chennai. A broker outside register office helped in getting this done. There was an advocate issued certificate that the marriage was solemnised before him in his chamber. There were no cultural formalities, no exchange of garland and no mangalsutra was tied. All documentation was done at brokers office. From that day onwards till date me and girlfriend did not live under one roof even for a day and our marriage did not consummated. We have difference of opinion and cannot make things work out. My question is - is this marriage that is registered a valid one? what options do I have to get this nullified?


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 10 Replies

Krishna   03 December 2017

You have been cheated by Advocate and broker. Your registred marriage has to be done at sub registrars office with the witnesses. And you have n't performarmed any kind of Hindu marriage rituals. so it is void.

Manoj   03 December 2017

Dear Krishna Sir, thank you very much for your reply. How can I come out of this? Because in TN marriage registration it's showing as marriage is registered? Do I have to file a divorce case and get it void? Dear Ramesh Sir, I am sorry I did not understand your reply, I think there is some confusion, I am not an advocate not member of bar. Also I did not receive any phone call from you. If you have doubts then please give me your number and I will call you.

Krishna   03 December 2017

If your marriage is properly registered in register office, then either you have to file mutual divorce or contested divorce as per your situation.

N.K.Assumi (Advocate)     04 December 2017

The Hindu Law says any two hindus, means any two hindus that is two males or two females whatever, as long as they are hindus they can solemnized marriage acording to codified law. Now, we have Right to Privacy with seal of Fundamental righrs by Nine Constitutional Bench. But for solemnization of hindu marriage under codified hindu marriage act does not spell out solemnization of marriage before advocate. File complaint to Bar Council against that Advocate, for professional misconduct. 

P. Venu (Advocate)     04 December 2017

You are not fully honest with the facts. The facts posted suggest that you are on the look out for an easy mode to get out of an inconvenient or comfortable married life.

Admittedly, the marriage is duly registered as per the official records. Nothing else matters. If you require divorce, the due process needs to be followed.

N.K.Assumi (Advocate)     04 December 2017

Expert P.Venu Sir, with due respect I wish to know how can that be an official records? I am of the view that if that can be given the seal of official records from brokers office, it will be similar to taxing people with ultra vires taxation laws.

Vijay Raj Mahajan (Advocate)     04 December 2017

File a petition for annulment of the said marriage in the Family Court and get it nullified by decree of nullity issued by the court.

Get the decree of nullity under section 11 & 12 of the Hindu Marriage Act,1955 on the ground of the consent was taken for marriage by fraud as to the nature of the ceremony that was no valid under section 7 of the Act and said Hindu marriage was not solemnized in accordance with the customary rites and ceremonies of either party thereto.

​Mere registration of marriage will not made it valid if the ceremonies of the marriage not performed according to rites and customs of either parties which is very clear in this case. Don't go by suggestion that your marriage becomes valid just by registration which is wrong suggestion against the principle of law set by the Supreme Court of India and other High Courts.

test123   04 December 2017

it was registered in 2009. almost 8 years from now on.

you guys didnt live together at all .. so why did you registered and how did it get registered under HMA. you need prist certificate to solmanized your marriage,

did it get register under SMA. special marriage act ?

google register no saptadi. you will get your answer on 498a website as i have complied some of judgements where marriage is registered and no customs were ever followed. this marriaged becomes NULL/Invalid.

if you go for divorce then you will have to accept that you & your ex willfull married and she is your legally wedded marriage.

on this case she will be asking moon/sun/venus/stars from you for divoce. which you will fed up paying her maintance and alimony.

so you have remedy saying fruad was played with you and this registeration is invalid.

do not listen to any of this lawyers on this website. they will put you in more trouble then you are now. their profession is to put you in more problem and make money out of you.

 

P. Venu (Advocate)     04 December 2017

Learned Expert Assumi - The querist is less than honest. He is admitting that the marriage is duly registered by posing the question "Because in TN marriage registration it's showing as marriage is registered?"

 

N.K.Assumi (Advocate)     04 December 2017

Sir.P.venu, Can any one go to office and register a marriage without any evidence of solmnization, or in TN they simply register marriage without any official form of marriage solemnization,,if that is the case, no issue for registration of marriage..


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