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Regarding fraudulent Arya samaj mandir
08-Sep-2026 (In Family Law)
I met a guy 6 yrs ago, my parents liked him too. After a yr he asked me to first marry in arya samaj mandir & i did it and didn't tell my parents. My father before fixing marriage did a background check on him, he turned out to be fraud. When he got exposed he ran away with my money. I then went to Arya samaj mandir & told them the matter that he gave a fake name & ID card. My parents are asking me to move on. It's been 5 yrs. Can I marry without any problem? Am I unmarried legally?
Legally you are not considered as married and you are free to move on, but for full legal safety you should get a declaration from the Court.
1. Void Marriage by Fraud: As per Section 12(1)(c) of Hindu Marriage Act, 1955, a marriage is voidable if consent was obtained by fraud as to the nature of ceremony or as to any material fact concerning the respondent. Giving a fake name and fake ID card is a clear fraud as to identity of the person. Hence your Arya Samaj marriage is not valid in law.
2. No Valid Marriage: Since the identity itself was fake, there was no valid consent. Such a marriage is void ab-initio and does not create a husband-wife relationship.
3. Your Legal Status: In the eyes of law, you are unmarried. You can legally marry again as per your parents' wishes.
4. Precautionary Step for Future: To avoid any problem in future, it is highly advisable to file a Petition for Annulment / Declaration of Nullity under Section 12(1)(c) HMA in the Family Court. State that the marriage was performed on the basis of fraud and impersonation. The Court will declare the said Arya Samaj marriage as null and void. Keep the fake ID proof, if any, and your complaint to Arya Samaj Mandir as evidence.
You should also file a complaint of cheating under BNS for fraud and for taking your money.
Once you get the decree of nullity, you can marry without any fear. Your second marriage will be fully valid.
Helpful?
Adv. Shamma Perween
Adv. Shamma Perween
Gorakhpur | 5+ Answers
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the woman is not only a victim of fraud but spousal desertion as well.
the woman has a strong case in her favour whereby she can seek a judicial decree annulling the scam marriage, after which she will be free to marry a spouse of her choosing.
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Adv. Faisal Ashfaq
Adv. Faisal Ashfaq
Bareilly | 25+ Answers
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file a case regarding declaration of marriage null and void in family court and also register a complaint against that person at your nearest police station for forgery and cheating. this marriage declaration of null and wide is taking time for 6 month to 1 years and your marriage declaration null and void
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Adv. Neetu Shukla
Adv. Neetu Shukla
Lucknow | 5+ Answers
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According to Law you are unmarried because Arya Samaj Mandir Marriage entry is not legal and the documents of that person is fake then you have no idea about that person but for justice and recovery of your money you have to contact with Local Police or cyber police. They will find out the person via mobile Number.
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Adv. Ashutosh Kumar Pandey
Adv. Ashutosh Kumar Pandey
Gonda | 5+ Answers
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ok ya you can marry there's no problem the man ran away and fake marriage you can complain to the police your parents would help you to in this regard thanks please see mother is asking me to move I finally see
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Adv. Spiti Sarkar
Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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