We have a big problem regarding marriage certificate (Stating Tradition marriage as per Hindu rituals) which was aquired without submitting any proof because our marriage did not take place. We ask our lawyer to apply for the court marriage to apply for dependent visa but he applied for registration of marriage stating that we are already married aas oer Hindu rituals and the registrar did not ask for any proof of the marriage. I cannt submit this certificate for Visa because they need addition proofs such as pictures of rituals and They could aslo send private investigators. is It possible to annull the marriage because it did not take place? any other suggestion what could be the solution?
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1) File for divorce by mutual consent
2) consent terms can mention that marriage is not consummated and you have not have stayed together after marriage
Mutual consent divorce takes 6 months
3) in alternative you can file for anullment within period of one year of marriage on grounds of coercion or fraud .however if your spouse contests it would be long drawn affair
4) after divorce you can remarry under provisions of SMA
1. There's no need to annul the marriage as it had not taken place.
2. Now, you can marry the same person as per Hindu Rituals and ensure that the marriage is videographed and photos of all sorts, such as group photos, couple photo, candid photos, etc and submit the same to Consular Officer, alongwith the Marriage Certificate already registered to enable you to get Visa.
Photographs of marriage are essential documents for obtaining German visa. You have certificate of marriage without any photographs as marriage is registered directly. You can arrange a small function performing rituals and take photographs of the same. Registration certificate with photographs are sufficient proof of marriage. Rituals can also be validly performed after registration of marriage.
Option of annulment is available only before completion of one year of marriage and under strict conditions like impotency, fraud, pregnancy etc.
Even though you have got your marriage registered under Hindu marriage act, in the event of verification if it is found that your marriage was actually not solemnised and you have obtained the marriage certificate fraudulently, it will become a problem and may have to face legal consequences.
If you apply for annulment of your marriage based on the statements you have made, the court may not be convinced and send notice to the concerned registrar to explain the circumstances, which will complicate the issue much more.
You can alternately plan to get divorce on the grounds of mutual consent if your marriage certificate dates back to more than a year.
There is no need to get annulment or divorce under the given circumstances.
You can perform a small ceremony under Hindu Rituals and can adduce such pictures along with the marriage registration cerfificate.
Annulment would take a lot of time in India. Divorce is also not possible before one year of marriage except in some extraordinary circumstances.
Yes it can. Be annulled
1. I have similar case of one of my clients to settle. In my case they had informed one day as the date of of religious marriage which was registered as per Hindu Marriage Act but later on realised that on that date the groom was in UK. No proof oa marriage was asked or submitted. The Marriage Registrar has thereafter retired and the Advocate who has engaged the said Registrar is not picking the phone of my client now. I have made them lodging a complaint before the Registrar General of Marriage informing that the Registrar has errored in entering the date of the religious marriage and typed 2022 in place of 2019 while filling the form on line. I have arranged to get a marriage invitation card printed and had attached a copy of it with the above application. The matter is being delayed by the department and I am planning to submit an affidavit by the wife staying in India executed before the 1st Class Judicial Magistrate affirming hat she was religiously married on the sated date in the year 2019 which was wrongly mentioned in the marriage registration certificate as in the year 2022 which is required to be corrected by issuing a fresh marriage certificate.
2. I will submit the above affidavit again the Registrar General of Marriage seeking issuance of fresh marriage certificate with corrected date of her religious marriage and if I do not get it within next 15 days, I shall file a Writ Petition before the Calcutta High Court against inaction of the Registrar General of Marriage praying forn order on him to issue the fresh marriage certificate correcting the error.
3. You can also follow the same way. Write the Registrar General of Marriage about the error committed by the Marriage Registrar by not mentioning that you have religiously married on such and such date (you shall have to opt a date) but the Registrar did not ask for the proof of it like marriage invitation card etc. and ask for a fresh certificate correcting the said error.
4. Thereafter, if you do not get the certificate afresh, you can follow the path suggested in my case mentioned above.
Dear client, If your marriage did not take place then there is no need for annulment of marriage.
Hi, there are two ways you can register the marriage. If you want to register the marriage under Hindu Law then above process is there other wise you can register the marriage before marriage also giving 30 days Notice. Instead of annulment you can register the marriage after giving 30 days Notice.
