Regarding fraudulent Arya samaj mandir

771 votes

Yes, legally you are considered unmarried and you can marry again without any legal problem, but you need to take one legal step for safety. 1. Your Arya Samaj marriage is void ab initio. As per Hindu Marriage Act, 1955, a marriage solemnized by fraud, with a fake name and fake ID, where consent is obtained by fraud as to the identity of the person, is not a valid marriage. Under Section 12(1)(c) of HMA, such a marriage is voidable. 2. Since he used a fake identity and then ran away with your money, there was no valid consent and no true marriage in the eyes of law. The Arya Samaj certificate issued on fake documents has no legal sanctity. 3. For your future safety and to avoid any future dispute, you should file a petition for Declaration of Nullity of Marriage under Section 12(1)(c) before the Family Court, stating that the marriage was performed by fraud and impersonation. The Court will declare that marriage as null and void and that you are unmarried. Alternatively, you can file an FIR for cheating and fraud under Section 318 BNS and impersonation. 4. Once you get a decree of nullity, you will be 100% safe to move on and marry as per your parents' wishes. Keep all proofs - fake ID copy if any, complaint to Arya Samaj Mandir, and your statement. You are free to move on, but get a declaration from court first so that no one can ever question your second marriage.

Advocate Shamma Perween LawRato

967 votes

On the facts stated, you should not presume that you are legally “unmarried” merely because the marriage took place several years ago, your parents were unaware of it, or the man subsequently left and allegedly used a false identity. The legal status primarily depends upon whether a valid marriage was actually solemnized in accordance with the applicable law and requisite ceremonies. An Arya Samaj certificate may be relevant evidence, but the certificate alone may not conclusively determine the validity of the marriage. The circumstances surrounding the ceremony, documents submitted, identity of the parties, applicable personal law, and other relevant evidence have to be examined. If the person used a false name or identity and the essential requirements for a valid marriage were not fulfilled, there may be legal grounds to challenge the alleged marriage. However, this cannot safely be presumed without examining the available facts and documents. The passage of five years and the fact that the person has disappeared do not, by themselves, automatically terminate a legally valid marriage. Therefore, entering into another marriage without first establishing the legal status of the earlier marriage may create avoidable legal complications. Accordingly, before proceeding with another marriage, the concerned person should obtain a proper legal assessment of the earlier ceremony and available records. For specific legal clarification based on the facts, documents and circumstances of the individual case, you may contact me for professional consultation. Adv. Abhinav Bhatt

Advocate Abhinav Bhatt LawRato

600 votes

1. File a petition in the local Family Court under section 12 of the Hindu Marriage Act to declare the Marriage null and void on the grounds of fraud and impersonation. Once the court issues annulment decree, your single status is legally reinstated. 2. File an FIR for cheating, fraud, impersonation and theft, for absconding with money, under relevant sections of criminal law. Obtain a copy of FIR as evidence of fraud . 3. Secure a written statement or letter from the Arya Samaj Mandir confirming that the individual provided fake creditentials and ID cards

Advocate Alok LawRato

958 votes

yes you can file a case in the police station for cheating and forgery he gave a fake name and ID card kindly see the indian penal code there are checks in the Arya mandir systems kindly move on can you marry and move forwsrd

Advocate Spiti Sarkar LawRato