Respected sir, I have a query. One of my close friend is in great distress. She is now 23 years old.What happened is that during her graduation course she came contact with a boy who had disguised his original identity and proposed her for a relation. After a continuous trial, she had accepted her proposal. After a few days back that boy forced her to sign on a legal paper (which was a marriage paper) without explaining what the paper was. To prove that she loved that boy she had to sign on that paper. He also tactfully collected other required documents for court marriage from her and subsequently without physical presence of her in the court he managed to get marry with her. She was completely unknown with that fact. After a few days back his original identity came into front of her and she had refused him. Now the boy is forcing her that their marriage is over. She is now not able to go for marriage fearing that guy. What to do? Whether that marriage is a legal marriage???
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1) presence of both parties is necessary for marriage under provisions of Special marriage Act .
2) she should immediatedly file police complaint against her boy friend .
3) she should also obtain copy of marriage registration certificate and other documents from marriage Registrar
4) move court for declaration that marriage is null and void
DeDear Querist
If the girl is not agree with the marriage and said that this marriage is fake then she can file a cancellation of marriage petition / declaration suit under section 12 of Hindu Marriage Act if both the parties are Hindu.
If the marriage was registered under special marriage act then file a suit for declaration to declare null and void the marriage due to fraud and non presence of party at the time of marriage.
Feel free to call
no, as both the parties are required for registration of marriage
Thank you sirs for your kind advice. But still sir there are some confusions. Even she does not know under which court the marriage had been settled. So how to know that marriage had already registered. In this status should she take any step or she should simply go for marriage.
she should meet the boy in presence of some relatives and obtain necessary information . take search in marriage registrar office
1. First of all let her file a police complaing reporting that he has obtained her signature on some Court papers after which he is blackmailing her,
2. Without seeing what has been signed, it is difficult to advise properly,
3. It may also that he is showing some temple marriage and getting the said marriage registered in the Court.
Respected sirs, again thanks for your mighty suggestions. I am really glad to see some light to get her out of trouble. Sir one additional thing.. to know whether her marriage had been registered should I contact with that particular court where the registration had been done. If this is so then there is one difficulty because how can we know under which court that had been done. The reason behind such query is as the boy belongs to other state which was known later.
you can take search in marriage registrar office .the girl must be knowing where she went for registration . which city they had gone to . if she dosent these details also then you have great difficulty in finding out requisite information
Respected Ajay Sethi Sir, As I told you that she had only informed about the marriage. But she dint attend any court for doing so. Her fault was she could not understand the plan of that boy and willingly or unwillingly she supplied all those documents. That is the problem.
if girl has not attended office of Registrar for her court marriage then she should file case against her boy friend for cheating , criminal breach of trust . how can court marriage take place without her presence? you can also hire a detective agency if you so desire . based on information received further course of action can be considered
1. May be that it has been shown as a unregistered temple marriage which has been registered through Affidavit,
2. Without seeing papers it is impossible to guess what has he done with those papers signed by the girl,
3. Lodge police complaint as advised in my earlier post.
Thanks sir. I will talk to her and with her parents about your valuable suggestions. Sir the way you are responding really pleased me very much. Thank you once again. Dr Sirs again i may knock for your help.
thanks for your appreciation
You are always welcome in this forum.
Respected sir, gud evening to you all. Again I am knocking your door. Sir want to know... for court marriage should both bride and groom present in the court??? and if so then how many times they have to visit court?? Will you kindly elaborate the steps of court marriage???
normally two visit one for filing and second for registration
Ok sir... in this two visit is it mandatory that both bride and groom must present in the court? And sir if after court marriage if the brides and grooms do not live together even for a single day will the marriage be null and void if the girl desire so?
1)both bride and bridegroom have to be present in court for marriage under special marriage act .
2)why have the parties not stayed together ? has the marriage not been consummated? is the boy impotent?
Respected Sethi sir, actualy girl is not accepting it as a marriage. Because the boy had tactfully married her. What he did, in his room the boy invited her. When she went his room he asked her to sign on some papers. There was another man present in the room. She didnt understand properly the case and signed. Just one day latter the boy told her that marriage is over. certificate is ready. she frightened though she left without knowing what the certificate was. Another thing sir just signing on paper merely and only one day away from court fulfill the marriage criteria???
Sorry for mistakes in query... in last line i mean to say how many times the bride's signature is needed? and this signature should it be in court? What about witnesses? from bride side any witness is required or not? isn't it required that witness come from girl's blood related anyone?
1)the girl should file petition under section 12 HMA for declaring marriage null and void .
2) we have repeatedly advised you that the documents signed by the lady have to be gone into for detailed advice .
3) we had also advised you to file criminal complaint against the boy for cheating and criminal breach of trust
yes sir... I have already apprised them about your suggestions and they have planned to move accordingly.
ok . thanks for your appreciation . query is resolved