• Court marriage registration

My brother in law has done love marriage against family's wish and registered it in Nagpur on 2nd November. Can this marriage be revoked by any means?
Asked 8 years ago in Family Law
Religion: Hindu

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17 Answers

1. Either of the married partner can approach the court to get decree of 'Nullity of marriage'.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Marriage cannot be revoked

Your brother has solemnised marriage as per his own free will abd marriage has been duly registered

Ajay Sethi
Advocate, Mumbai
99809 Answers
8147 Consultations

Cannot

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

1. It is good to have the consent from both of the partners.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Only in exceptional circumstances can your brother file for divorce before expiry of one year of marriage

2) your brother has to prove allegations made in divorce petition

Ajay Sethi
Advocate, Mumbai
99809 Answers
8147 Consultations

No it is not.possible to revoke it.

And for divorce for mutual consent both of the partners consent is necessary, but either of the partner can ask for divorce independently with a valid reason to do so otherwise no chance.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Respected sir...

Following are the grounds which shall render a marriage void:

1. Bigamy:

The first condition for valid Hindu marriage is that none of the parties to the marriage shall have a spouse living it the time of their marriage. If either of them has a spouse alive from an earlier marriage, their subsequent marriage is no marriage in the eyes of law. It is void ab initio and non est, i.e. non existent.

2. Persons falling within degrees of prohibited relationships:

Section 3(g) of the Hindu Marriage Act, 1955 defines ‘degrees of prohibited relationships’. It provides as follows:

Lineal ascendants are to be seen from both sides, i.e. from the father’s side as well as from the mother’s side. So both the father and mother are lineal ascendants. Similarly father’s father is a lineal ascendant whereas mother’s mother is also a lineal ascendant. But a paternal grandmother is not a lineal ascendant but the wife of a lineal ascendant and hence would fall under clause ii. Similarly a maternal grand-father would fall under clause ii being the husband of a lineal ascendant. Clause ii would also cover daughter-in-law and son-in-law being the wife and husband respectively of one’s lineal descendants i.e. son and daughter respectively. A paternal Aunt (Chachi) and a maternal Aunt (Maami) would fall under clause iii and two siblings along with other relations described in clause iv also fall in degrees of prohibited relationships.

3. Sapinda relations:

Section 3(f) defines ‘Sapinda relationship’ as under:

Sapinda relations can be illustrated as under:

Suppose A is a boy. Now if he is considered as one generation, relatives falling in four more generations upwards from him from the side of his father shall be his Sapinda relations. Therefore, A’s father, A’s grand-father, A’s great grand-father and the father of A’s great grand-father shall all be A’s Sapinda relations. But on the mother’s side, this chain is to extend to only three generations which include A. Therefore, A’s mother and A’s maternal grand-mother only shall be A’s Sapinda relations from the mother’ side, A himself being one generation.

By virtue of clause ii of sec 3(f), not only those who fall within the limits of sapinda relationship shall be sapinda to a person but also where two persons have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them, both of them shall also be sapinda to each other. For instance A and B are brothers born out of C who is their father. D is A’s son and E is B’s son. Here D’s sapinda relations by degrees are A and C. Similarly E is Sapinda to B and C by degrees of relationship. Here D is not Sapinda to B by degrees because B does not fall in any of the four generations upward to D. But despite this, B shall still be Sapinda to D because both of them have a common lineal ascendant in C who is within the limits of Sapinda relationship to both B and D. Similarly A and E shall be sapinda to each other as they also have in C a common lineal ascendant who is within the limits of Sapinda relationship to both A and E....

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

1. First take consent of your brother as to whether he is ready to divorce his wife.

2. If it is forcible marriage then it can be revoked or declared void.

3. Under what circumstances your brother went to Nagpur from Hyderabad. If they are happy with their marriage then leave them alone.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. A marriage registered as per law can not be cancelled or revoked under any circumstances.

2. He can file a petition for its annulment on appropriate ground immediately.

3. He can also file a divorce Suit on grounds acceptable by Indian law after completion of one year of his marriage.

4. Both can also jointly file a mutual consent divorce petition after one year of marriage and also after both staying separately for one year, which will be disposed of with in 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Only in case of filing mutual consent divorce, consent of both the parties and their signatures on the jointly filed application is required.

2. In all other cases, the applications will be exposed to be contested by the other party.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Under the Hindu Marriage Act a petition for divorce cannot except in very exceptional circumstances be filed earlier than a year from the date of marriage.

2. After 2nd November 2018 both the spouses can file a petition for mutual consent divorce which takes only 6 months to conclude.

3. If both spouses are not into a positive agreement to end the matrimony through mutual divorce then either spouse can unilaterally file a petition for divorce on the grounds available under HMA. It is not a cakewalk to obtain divorce in contested proceedings as the allegations have to be proved by the petitioner.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Only by order of Court, once it get registered.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

My brother in law has done love marriage against family's wish and registered it in Nagpur on 2nd November. Can this marriage be revoked by any means?

The marriage once registered with a marriage registrar, cannot be revoked or cancelled for any reason.

It can be dissolved by a decree of divorce

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

For giving divorce or nullity of marriage, consent of both the partners required or any one can give divorce?

A case of annulment cannot be done on mutual consent.

The aggrieved party who states that this marriage was solemnised against her/his wishes has to plead the same before the court, in this contested case the respondent can either object or admit the same by submitting to the decree prayed for by the petitioner.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Hi

Anyone cannot give divorce..either consent of both or the divorce may be granted by court on request of any one of the partner.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

A third party has no right to get the marriage revoked which has been done by two majors.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

One person can give divorce, of consent of both the parties is there then a divorce on mutual consent can be taken.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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