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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
Answers (3)

Answer #1
992 votes
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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Advocate Bikram Sarkar

Adv. Bikram Sarkar

LawRato Kolkata | 25+ Answers
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Answer #2
838 votes
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.
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Advocate Dhrubaraj Bhowmik

Adv. Dhrubaraj Bhowmik

LawRatoKolkata | 200+ Answers
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Answer #3
926 votes
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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Advocate Vivek Poddar

Adv. Vivek Poddar

LawRatoKolkata | 50+ 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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