• Fake court marriage

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???
Asked 2 years ago in Family Law from Silchar, Assam
Religion: Hindu
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
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
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
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
no, as both the parties are required for registration of marriage
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
she should meet the boy in presence of some  relatives and obtain necessary information . take search in marriage registrar office
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
You are always welcome in this forum.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
normally two visit one for filing and second for registration
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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?
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
ok . thanks for your appreciation . query is resolved
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0