Procedure to cancel the marriage registration
09-Jan-2023 (In Divorce Law)
According to the Hindu Marriage Act, 1955 a valid Hindu marriage requires both parties to perform the traditional Hindu marriage ceremony, which involves specific rituals and customs. Without the performance of these rituals and customs, a marriage cannot be considered valid under the Hindu Marriage Act. If marriage was conducted as per the rites of either the bridegroom or the bride and with their consent, it is regarded as a valid marriage and not otherwise.
For a marriage to be valid it is important that it is solemnised as per the rites and rituals of either party to the marriage. Since in your case there was observed no such ceremony, your marriage with your wife is not valid in the eyes of law. Mere registration of marriage will not lend validity to an otherwise invalid marriage.
If a marriage has been registered without proof of the ceremony, it would be considered as a violation of Section 8 of the Hindu Marriage Act. The Act mandates that a Hindu marriage shall be solemnized in accordance with the customary rites and ceremonies of either party. Therefore, the registration of a Hindu marriage without proof of the ceremony would be against the law and would not be considered a valid marriage.
In case a marriage has been registered without proof of the ceremony, it could be challenged in court. The parties to the marriage or any interested person could file a petition challenging the validity of the marriage on the ground that it was not solemnized in accordance with the customary rites and ceremonies as required by the Hindu Marriage Act. The court would then decide the validity of the marriage based on the evidence presented before it.
How can I unregister my marriage in India?
How can I annul my marriage in India?
How can I cancel my marriage?
Can marriage registration be Cancelled in India?
You just registered your marriage and you didn't consume your marriage or never did ritual things at the time of marriage.
So, therefore you can apply for a voidable your marriage in concern court.
The appropriate remedy available to you is to apply for divorce. Agreed that your marriage was not solemnised as per the rights and rituals yet you ad your wife did enter into a registered marriage.
You may contact me for further guidance.
To cancel marriage registration you can file suite for cancellation of marriage registration. Where the marriage is registered. You say that your marriage is not done according to Hindu religion you can prove that in court.
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