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Procedure to cancel the marriage registration


09-Jan-2023 (In Divorce Law)
In 2012 i did an engagement and to apply for my wife visa i did registration marriage. However as per Hindu marriage we are not married at all in temple. After 6 months the relation broke and being an NRI i am staying in Dubai and girl staying in Gujarat. Its been 5 years girl started demanding huge sum of money and not agreeing for divorce. Can someone guide me how the procedure of registration marriage cancellation works in India?
Answers (7)

Answer #1
174 votes

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.


People also ask

How can I cancel my marriage?

The process of cancelling a court-married in India is complex. It involves filing a petition, serving notice and attending court hearings. You may need an attorney if you are filing for divorce or annulment.

How can I unregister my marriage in India?

The Hindu Marriage Act of 1955 only allows for divorces to be granted on the grounds listed in Section 13. The Act does not allow for divorce until one marriage has been dissolved. The only way to end it is by divorce.

How can I annul my marriage in India?

The Hindu Marriage Act of 1955, section 12, provides for the nullity of a voidable marriage. In voidable marriages it is entirely up to the parties whether they want to marry or annul the marriage.

Can marriage registration be Cancelled in India?

In India, a valid marriage cannot be annulled. Only a divorce can be obtained. A valid marriage registration cannot be canceled. Will registration be denied if a first marriage has been registered and then a second marriage occurs and the registration is requested? 13-Feb-2021

  
Answer #2
624 votes
As per your case,
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.
Answer #3
998 votes
It can not be evoked bec the process of registration is after by the marriage. If u registered ur marrige it means ur registered after ur marriage so the way is only divorse. There is marrige proof is also attached during marriage registration so

Answer #4
602 votes
Dear sir
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.
Answer #5
911 votes
Dear,
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.
Answer #6
898 votes
Now u have just one option and that is divorce from the court Or by registered divorce and definitely girl will ask allimony or maintenance from u .As she can not do anything as u both r not staying together for long time so she cannot file sec 498 A against u.
Answer #7
365 votes
Marriage registration can only be done after the marriage so that a marriage certificate cannot annulled. Your wife and you are legally married. To end the relationship, either you or your wife may file a divorce petition. The best divorce is divorce by mutual consent.
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