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How to get the marriage certificate canceled
22-Jun-2023 (In Civil Law)
My sister ,from Hindu community married to a boy 3 month ago as registered marriage.there was no social marriage can take place...none of the family member was present at the time of registration nd 2 frnd of the boy signed..after this my sister stayed with us.. What is the process to seek the certificate cancellation? How much time will take to finish the process? Can the boy claim maintenance from my sister? As the boy working at the private sector as senior fitter nd my sister is a state government employee. If it is better to continue the process with the help of police station? Pls sir and me as soon as possible
If the marriage has been registered lawfully in presence of required witnesses, it cannot be cancelled. You have to apply for divorce before the concerned court after expiry of the statutory waiting period.
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Adv. Bikram Sarkar
Kolkata | 25+ Answers
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What are matrimonial Offences?
The following are the main offenses under this chapter.
Mock or invalid wedding (sections 493 and 496). Bigamy (sections 494 and 495). Adultery (section 487) Criminal elopement - seduction (section 498) Cruelty to husband or family members of the husband (section 498A).
What is the meaning of marriage deception?
Section 493 of Indian Penal Code defines the offense of deception in marriage. The Indian Penal Code Section 493 defines the crime of deception in marriage as a man misleading a woman into believing she is legally married to him or that they cohabit and have sexual relations. 14-Aug-2020
Can you go to jail for fake marriage in India?
When a man commits an offense of Mock marriage, it is Cohabitation by Fraud or Inducement as per section 493 IPC. Section 493 punishes the offender with a maximum of 10 years imprisonment and a fine. 05-Sept-2023
Can a marriage be nullified in India?
If certain legal requirements are not met, a marriage can be declared null. In the eyes of law, a marriage that does not meet these requirements is considered null and void. This is known as annulment.
If your sister don't want to live with him then file divorce petition before the court .
For mutual consent divorce and contested divorce both the parties required to wait one year from the date of marriage.
If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent under section 13B of the Hindu marriage Act, 1955. And minimum one year separation is required for filing mutual consent divorce petition.
In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent.
Otherwise file contested divorce petition.
And without detail discussion proper consult is not possible.
For mutual consent divorce and contested divorce both the parties required to wait one year from the date of marriage.
If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent under section 13B of the Hindu marriage Act, 1955. And minimum one year separation is required for filing mutual consent divorce petition.
In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent.
Otherwise file contested divorce petition.
And without detail discussion proper consult is not possible.
Helpful?
Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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Registered marriage is a legal marriage if husband and wife are not minor. However for cancellation of marriage certificate first of all you have to file mat suit for divorce and only after divorce the certificate gets cancelled by court. Boy could not claim maintenance from your sister
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Adv. Vivek Poddar
Kolkata | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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