Regarding fraudulent Arya samaj mandir

923 votes

The Supreme Court of India has held that Arya Samaj marriage certificates cannot replace statutory registration and do not conclusively prove a legal marriage if statutory requirements are breached. Legal remedies against fraudulent Arya Samaj setups: ​Criminal Action: File an FIR under Sections 318(4) [Cheating], 336(3) [Forgery], and 61 [Criminal Conspiracy] of BNS (earlier Sections 420, 468, 120B IPC) against the trust officials, priest, and witnesses for producing fake records or solemnizing marriage of a minor/without verified IDs. ​Magistrate Complaint: If police refuse an FIR, file a complaint under Section 175(3) BNSS (earlier 156(3) CrPC) before the jurisdictional Magistrate seeking directions for police investigation. ​Declaration of Void Marriage: File a petition before the Family Court under Section 11 (Void) or Section 12 (Voidable) of the Hindu Marriage Act, 1955 to nullify the marriage obtained through fraud, coercion, or misrepresentation. ​De-registration Complaint: Submit a complaint to the Registrar of Societies and the parent Arya Pratinidhi Sabha challenging the legal status and registration of the disputed mandir.

Advocate Aman Singh Rajput LawRato

617 votes

Respected Mam, the advice previously given to you is legally risky. You should NOT marry another person WITHOUT resolving this officially through legal channels. Under Section 12(1)(c) of Hindu Marriage Act, a marriage obtained by fraud, such as using a fake name or false identity, is VOIDABLE. While fraud based marriage is legally defective, it does not disappear automatically-it remains valid on record until formally set aside by a Family Court. Remarrying without a decree of nullity or divorce exposes you to charges of BIGAMY under section 82 of BNS You should immediately file a complaint/FIR for fraud, cheating, impersonation and theft against the individual using his physical description and fake creditentials. 1. File a petition for Decree of Nullity in a Family Court to declare the Arya Samaj marriage null and void on grounds of fraud and impersonation. 2. Once court issues a declaration/ decree you are legally clear to marry without future legal complications

Advocate Alok LawRato

792 votes

Under Indian personal law—specifically the Hindu Marriage Act, 1955 (HMA)—a marriage performed with consent obtained by fraud, impersonation, or concealment of material facts is voidable, not automatically void from inception (void ab initio). 1. Legal Validity of the Arya Samaj Marriage Voidable under Section 12(1)(c) of HMA: A marriage solemnized under Arya Samaj rituals (governed by the Hindu Marriage Act or the Arya Marriage Validation Act) where consent was obtained by fraud or impersonation is voidable at the option of the aggrieved party. Need for a Judicial Declaration: Until a competent Family Court grants a decree of nullity declaring the marriage void under Section 12, the marriage legally subsists on record. Simply informing the Arya Samaj authorities or discovering the fraud does not automatically dissolve or nullify the marriage in the eyes of the law. 2. Legal Risks of Remarrying Without a Decree of Nullity Bigamy / Legal Complications: Remarrying without a formal court decree declaring the previous marriage null and void or without obtaining a divorce decree can expose you to potential allegations of bigamy (Section 82 of Bharatiya Nyaya Sanhita, 2023 / Section 494 of IPC), or create legal hurdles in validating your second marriage in future legal records. 3. Criminal Remedies for Fraud and Theft Registration of FIR: Since the person used fake identity documents, absconded with money, and deceived multiple individuals, you can lodge an FIR at your local police station for cheating, personation, forgery, and criminal breach of trust (under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023). Recommended Next Steps File a Petition for Nullity: File a petition under Section 12 of the Hindu Marriage Act in the competent Family Court to annul the marriage on grounds of fraud and impersonation. Obtain Ex-Parte Decree if He Is Missing: If the man is absconding, the court can issue notices, publish summons in local newspapers, and grant an ex-parte decree of nullity once service requirements are met. Initiate Criminal Proceedings: File a formal police complaint regarding the fraud, stolen funds, and identity forgery.

Advocate Vaibhav Bansal LawRato

632 votes

As you have told in your problem that you had met a person many years ago and later you talked to him about marriage but during the conversation you came to know that the boy is a liar and is cheating on you, so you have to end all your relations with him. Do you want that boy thereDon't bother me, I can get married somewhere else without any problem.

Advocate Rajeev Kumar LawRato

570 votes

As per facts stated by you, your earlier marriage is not legally valid and is voidable. Under Section 12(1)(c) of Hindu Marriage Act, 1955, a marriage can be annulled if consent was obtained by fraud as to any material fact. Using fake name, fake ID and impersonation is a clear fraud as to identity. Also person who duped multiple women is a habitual cheater. You are NOT automatically unmarried. Even though marriage was done with fraud, the record of Arya Samaj Mandir still exists. To avoid any future legal complication in your second marriage, you must get a decree of nullity from Court. What you should do: 1. File a petition for Annulment of Marriage / Declaration of Nullity before Family Court on ground of fraud. After 5 years of separation and his disappearance, Court will grant ex-parte decree. 2. File Criminal Complaint: His act amounts to cheating U/S 318 BNS [Old 420 IPC], forgery, impersonation and outraging modesty. File FIR against him. 3. Second Marriage: Once you get annulment decree, you will be legally free and considered unmarried, and you can marry again without any problem. Opinion of lawyer that you are automatically unmarried is not safe. Always take Court decree for safety. Consult local family lawyer with all documents.

Advocate Shamma Perween LawRato