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How is cancellation of marriage certificate possible


20-Apr-2023 (In Divorce Law)
My friend (Girl - Hindu community) she married to boy (Hindu) the day she turned 18, as registered marriage. At the time of registration none of family member were present as witness district tehsildar and other two friend of boy signed. Post this registered marriage girl has never stayed with boy and was staying with parent. Its been 5 years since this marriage has taken place. Girl still stay at parent place. Please let me know: If this marriage has any legal ground ? How to cancel marriage registration? What is the process to seek this certificate cancellation ? Is girl legally allowed in the current state to marry other person without certificate cancellation ? If she marry someone will this be legally allowed ?
Answers (6)

Answer #1
416 votes

A registered marriage holds legal validity and recognition. Once a marriage is registered, it is considered legally binding, and the marriage certificate serves as evidence of the marital relationship.

In general, a marriage certificate cannot be simply cancelled or revoked. However, there are legal procedures available to dissolve or cancel a court marriage, such as obtaining a divorce or an annulment, depending on the specific circumstances of your case.

To seek the dissolution of a registered marriage, one would be required to file a divorce petition in a civil court. 

In terms of marrying another person while still legally married, it must be noted that if a person is already legally married, they cannot marry another person without first obtaining a divorce or an annulment. Such an act would amount to bigamy which is a punishable offence under Section 494 or 495 IPC.


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Answer #2
844 votes
Sir/Madam

There is no provision for cancellation of marriage as it was the registered marriage.

Yes . Once the registration is overred, then it will be considered as they are legally wedded.

No; Certificate cannot be canceled. It can be canceled by due process of law i.e by divorce.

In case if she and her husband agree for divorce, then let them file a case under mutual consent seeking decree of divorce by canceling the aforesaid marriage.

No. she/he cant marry other person till they get divorce.

No. Without canceling the earlier marriage and without due process of law as stated above, if she proceed to marry some other, then it will be Voidable marriage.

BUT SHE SHOULD TAKE DIVORCE FROM EARLIER HUSBAND.
Answer #3
591 votes
There are many ways to cancel the certificate of registration of marriage OR Registered Marrige Certificate. The best way to approach is a Mutual Consent Divorce. If they are not ready to file that, then other ways can be looked into

--- Advocate C V Srinivasa

Answer #4
848 votes
It appears from your narration that your friend does not want to go to that boy to live. What about that boy ? Ok . legally speaking she has to get a divorce from that boy. If that boy is also agreeable for divorce, I can get it done in 4 months. If that boy is not accepting to join for a divorce case on mutual consent, she has to file for divorce. Suppose she conceals having married that boy and gets married to some one else, some day in future, either that boy or the 2 witnesses can disclose the matter and spoil everything. So, it has to be done secretly.
Answer #5
590 votes
Dear friend,
Hindu marriage is not based on some certificate but your marriage is under special marriage act , hence it is certified marriage , there are lacuna hence dont get advice online and start any proceeding, it is always advisable that you come and meet ,understand legal pros n cons and then decide , OFC : Adv pankaj Kumar & associate
..
Answer #6
215 votes
After the marriage registration has been finalised, it is considered a legally married marriage. The certificate is therefore not refundable. You will need to hire a lawyer and submit a divorce petition in order to cancel a marriage certificate.
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