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How do I cancel my marriage registration at the registrar office?


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GiridharP.V.S. Giridhar is a legal advisor and expert in Civil, Criminal, Writ Petitions, Family Law, Human Rights Law, Service, Labour & Consumer Law, Law relating to Medical negligence, Property Title & Registration, Contracts and Agreements, Intellectual property right and Preventive Legal Solutions. He will answer your queries related to legal issues involved in a marriage.

You can post your queries here.

Q& A with P.V.S. Giridhar:

Name: Balagangadharan Age: 31 Gender: M Place: Abu Dhabi Native Kumbakonam

Q:Dear Sir, I got engaged with a bride near by our native place. We fixed our marriage for 31-08-2006. Bride’s parents asked me to register the marriage for visa purpose. So legally we get registered on 19-7-2006. I processed visa and got Visa from UAE. Last week, I come to know that the bride gone away from her house and got married with her boy friend. I recently come to know that on the complusion she agreed for register & engagement. My Query is…” How to cancell our legal registration at the registrar office. please give your valuable comments in this regards.

A: It is difficult for me to decide from the information you provide in the query whether you were married as per the special marriage act, in which case the registration is a formal solemnization of the marriage, or whether you defrauded the registrar into registering a marriage that had not taken place, by bringing in false evidence.

In the former case, you would have to seek a divorce as per the special marriage act. You might be able to explore the possibility of annulling the marriage. In either case, you would have to contend with the possibility of seeking an ex-parte decree. Your ex-fiancee may be guilty of bigamy according to law, and you may be able to file a criminal complaint against her. You may also be able to file a complaint against her for having gone through a marriage with fraudulent intention.

On the other hand, if the registration is fraudulent, then you would have to inform the registrar. An enquiry would be conducted. You may have to seek a civil decree to the effect that the registration was fraudulent.

You could also file a civil suit against your ex-fiancee for breach of promise of marriage and seek compensation for the same.

It is unfortunate that you have resorted to this procedure without first getting married. It would not be easy to undo the damage done, and could take a year or two. It is best if you enlist the cooperation of your ex-fiancee in this endeavour, if necessary by informing her that some of her actions could have consequences in criminal law.

Regards
Giridhar
Name: vipul bhagat Age : 38 Gender : M Place: mumbai

Q:I & my wife had arrived for a settlement, divorce by mutual consent. Decree for monthly payment of maintenance & residence had been 3 years back. 498a complaint in the different court of law 3 years old but in its initial stage only. How to settle. My lawyer
Not giving proper advice. Please help.

A: The issue raised in your query has not been finally settled. However the current position is, that if the couple has arrived at a peaceful compromise, then they should be allowed to compound the offences under sec.498A so that criminal proceedings do not dog them, if they get married again. Also, if the wife has agreed to withdraw criminal proceedings in the event of compromise, the court can be moved to quash proceedings under section 498A.

Regards
Giridhar

Name: Selvan Age: 39 Gender : M Place : Bangalore 

Q:Dear Sir, I am Govt. Servent, served 19 years & next year taking Voluntary retirement. Married 10 years back. after my son born in 1998, she allowed me for sexual relationship - hating bitterily - pulling my family values etc. Nearly 9 years of this pain, few months back I sent to her parents house - at Chennai. Her both parents died & has only one married younger bother. I am planning to settle at my native at near in thiruvarur - Bought 20 acres of land, installing self-sustaining Agro-Farmings, Dairy, Poultry & Rabbit & Also planning to marry my relative should I do? How should I do? 

A:you cannot marry again, without being granted a divorce from your wife from a competent court. Your child would also have to be taken care of which means that your child and your wife may need maintenance. 
I must inform you that bearing and delivering a child alters the hormonal balance in women. Sometimes it may take a long time for the imbalance to settle. Your persistence and coercion may have also played a role in her detesting sexual relations. It may be useful for you and your wife to visit a gynaecologist and seek help. Professional marital counseling may also help. 
 

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Responses to How do I cancel my marriage registration at the registrar office?

  1. 1 rk

    My name is Rk a chennai resident. I had married under roman catholic church and blessed with three children. I am the only son and my aged parents are living alone. My wife dosen’t approve any thing i do to my family and always quarrels. things have to a boiling point and affecting my children too. I want a divorce from her and want the children under my custody. when ever i discuss with her about peacful settlement she retorts that i can file for a divorce. your advice pl

  2. 2 Soumitra Mukherjee

    Of Course, for legal wisdom and expertise, one should go through as many as possible practical case histories and such an e-mag or blog would definitely be able to enhance the hunger for legal wisdom particularly in matrimonial matters and satisfy that hunger too in such readings, as I did through this e-mag or blog. Many thanks for providing such oppertunity.

  3. 3 Shrikant

    Dear Sir,
    Kindly Please advise me your expoert comments for the following

    1) If a girl is forced to marriage by her father and get married in a hurry. If she want to divorce within 1 month of the date of marriage? is it possible without putting her father behind bars!

    2) If it is mentinoed in the court order that the girl don’t want to remarry again with any other person and if after some time gap she wants to marry with another person, then can she marry? & what her earlier husband can do legally?

    Please advise that can a petition be lodged for divorce within 8 days of the marriage with mutual consent of both the parties?

    Please adivse urgently
    Best Regards
    Shrikant

  4. 4 Kutti

    Hi, Myself and my friend got married( register marriage ) by apr 2007 against our parents wish.He left to US and I went to Uk and was fine for few months.After few months his mom was hospitalized due to the pressure from his side to arrange for a marriage. Since then he had started asking me to get marry someone.He has come down to india now and his parents has started looking for a bride for him.He is keeping quiet.From my family they went and spoke to his parents.They are not giving proper answer.I don’t wnat to get apart from him.As the marriage happend in a hurry (within a week - my friends only helped us -i am not sure how they arranged it within a week),he is saying that he may file a case against my friends,who had helped us on this.Is there anyway he can apply for divorce/anull the marriage?

  5. 5 sneha

    I got married before 9 months ago. currently Living at Kharghar navi mumbai. I dont know where to register for marriage certificate? Will you provide necessary information about documents required? Office where i’ve to go? timings?

    Please adivse urgently
    Best Regards
    Sneha

  6. 6 Yemen

    After we get mutual consent divorce, how do we cancel the registered marriage? Is this required first of all?

  7. 7 Surya

    Dear Sir,

    I got engaged with a girl in my local town a couple of months ago, now we feel that the brides family is not good and we decided to convey our unwillingness and met their family members in one of their relatives house(DSP Police) and conveyed the same. Few days from then, their relative(DSP police) started threatening us and finally they gathered the local town people and demanding for huge amount of money(Many Lakhs). And also the brides family showed the sympathy to local town people saying that we are not marrying as per the promise and demanding our family should be treated as untoucheable and the money taken from us will be given to the welfare of town. now our family lost the values and respect and nobody in the town/vil is speaking to us. since we could not pay the huge amt money the local town people are treating us as untouchable. finally we met Collector, Human Rights Com and gave petition. can you suggest us what else we can do? and also we fear that whether the brides family can file any case against us? Pls help me & save my family from untouchable.

    Thank you sir

  8. 8 Vikram

    Hi, I would like to know what would be the time taken for a register marriage to happen if both the Bride and Groom are Majors. Though without the consent of the parents. Could you please suggest us the procedure for filling the registration of marriage for Visa Purpose. Both the Bride and Groom are of different caste but both of them are indian national.

    please revert back as soon as possible.

    Thanks

  9. 9 Eduardo Arruda

    Dear
    I am Brazilian and I married my sweet american wife in USA in july 15 of 2006. Yesterday we started the process for her to get the brazilian permanent visa but we had a bad experience. My divorce process in Brazil was started in April of 2006 but it finished just july 28th of 2006 That means officially I was engaged in to marriages for 13 days. The clerk of court interpreted my brazilian separation document as a divorced one.
    The Brazilian authorities didn’t allowed us to continue with the process of pemanent visa, saying that the USA marriage is not valid for them.
    Do I have to cancel my marriage in USA and married again? What are our options?

    Thanks

  10. 10 psrao

    resp sir,
    i am a retired and awidower. with intension of settling in life again i have given ad for a suitable lady of 45 to 50 yrs.one widowed lady contacted me stating that she is staying with her son in law and daughter and unable to stay in her daughter house. she is not haveing mental peace in their house.our negotiations lasted for six months.finally we got married with a condition that i should give her a financial security of rupees 1.5 lacs to take care of her futire if i leave this world. i agreed and we got married in temple and also registered our marriage in register office.she has failed to produce her husband’s death certficate to the registrear. unfortunately registrar over looked the fact that she has not submitted her husband’s death certificate and registered the marriage. thired day of the marriage she has left me and gone back to her daughter’s house by taking the money stating that she is not intrested to stay with me and also that i should not go to her daughter’s place. if i go, her daughter’s preistage will be damaged and they have not told anybody in that area that she is remarried. it is a more than a month that she has left my house.there is no communication of any sort till date.
    now i want your help and advise how to cancell the marriage and registration in registrar’s office.
    please kindly give me legal advice how to cancell the registration.
    with humble regarads.
    yours faithfully,
    psrao

  11. 11 sujata jain

    dear sir
    my daughter liked one boy and boy forced her to marry .we were not ready so he forced her for court marriage.so they got married in october.and my daughter didnt say anything to us.now we know all this thngs.my daughter realising what she did was wrong.that boy is not good.
    now that certificate is with him only.and we want to cancel this marriage.so pls sir help me how i can get out from this big trouble.give suggestion on my email address.
    thanks
    sujan (bangalore)

  12. 12 Santheeba rajesh

    Hello Sir,

    i am in love with a girl of other citizen..

    i am indian and she is malaysian.
    our parents doesnt agree because of difference in religion !
    so we have decided to marry.
    please tell me what to do ? how to register my marriage ?

    what are the documents to be produced in the register office, does this have to deal with embassy of malaysia ?
    plz reply me.

  13. 13 berenice

    I got married 4 days and would like to cancel it. How can I go about doing that??

  14. 14 Karan

    Hello sir,
    I am studying in USA on F1 visa ,its student visa,
    i want to marry one of my american citizen friend,
    so how to do it?,where to go for civil marriage and what would be procedure for Green card??

  15. 15 sarah

    Sir,
    I am a Christian girl married to a Hindu guy on the 1st on May, 2006.
    We have a daughter now who is a year and 9 months.
    Now, i am not happy in this marriage niether is he…but i am not sure if he wants to seperate. However i decided that going our seperate way is the best for both of us and our daughter.
    Our marriage has not been legally registered so now do i have to apply for a divorce to go seperate?
    Please help me as to how i should proceed with the same.
    Thanking you,

    Sarah

  16. 16 sanjeeb

    dear sir,
    my name is sanjeeb aged 34 years i got married 2 years back,and now i had got a daughter aged 8 months,sir my wife is not in my control,and always quarreling with my parents,sister.she belong to obc and i belong to a Brahman family,one day she told me and my mother to get out from her house,she is a working lady,i want to leave separate,please help me,and advise me what to do,now my mental condition is not good.i left my job also.now i am leaving with my parents.
    waiting for ur valuable sugestion.
    thanking you
    sanjeeb panda

  17. 17 maggie

    sir
    my name is maggie and i am in uae. i got marrige at the age of 24 now i am 34.
    now i am staying alone here. he is in my house now. and he is disturbing my widow mother. mean time he is speading rumours to every one and spoiling my family name also . when i went to last time we met one lawyer and we went for mutual agreement. we were about to sign the papers and that time he said he wants 6 months time. that time i agree to pay some amount for his betterment. i agreed to pay when signing time. i wanted to have a decent divorce, please advise me how to go forward this.

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