• Registration of marriage

Respected Madam,

My sister got married on 03-11-2014. The marriage got registered on 26-11-2014. Husband had ill will and forged the documents of registration. The marriage actually got solemnized at Gurudwara as per Sikh rituals and ceremonies on 03-11-2014. At the time of registration the husband intentionally got the marriage solemnization date as 02-11-2014. Now he has filled a petition for annulment of marriage. Could you please help with the process of getting the records modified at the registrar's office and how much time does it take. Does it take months or years to get the corrections done for the same.
Asked 3 months ago in Family Law from Delhi, Delhi
Religion: Sikh
Hi
1. The correction of date has to be done by the office of the marriage registrar, you will have to apply for it. It will take few months time.
2. If the husband has filed for nullity , what is the ground, why the wife wants to change the date of solemnization of the marriage.
3.The wife has to file her reply in defense and fight the matter if she doesn't prefer a dissolution of marriage through  nullity 
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
1)on what grounds has husband filed for annullment of marriage? 

2) you have to apply to registrar of marriage for rectifying them  typographical error  as to date of marriage .enclose documentary evidence as to correct date of marriage like marriage invitation card , certificate of granthi who solemnised the marriage 

3) it should not take more than a month or so .

4) contact local lawyer 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1) as far as mistake as to date of marriage is concerned it can be rectified as gurdwara certifcate mentions correct date of marriage 

2) was affidavit signed by your sister mentioning her status as single ? 

3) do you have any chat messages , emails wherein your sister or her family informed her second husband about she being a divorcee prior to her second marriage ?

4) husband can claim that gurdwara never intimated him that wife is a divorcee . if bio data were exchanged before marriage and shows her status as divorcee no case for annullment would be made out 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. The Registrar has entered the marriage date as 02.11.2014 and has issued marriage certificate and both of you had signed on the register putting 02.11.2014 as your date of marriage. It will be difficult to change the said date since certainly your effort to change the same will be contested by her husband,

2. If she files a case for annulment of marriage, your sister shall have to contest the same fittingly on merit and your sister's husband shall have to prove his allegation.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. The fact that she was a divorcee has been informed to the Gurudwara,

2. He has married your sister at Gurudwara even after knowing that she is a divorcee and had he not known so, she would have certainly refused to and/or objected for his said marriage which he has not done,

3. Based on the above and other evidence the Advocate of your sister shall have to contest the annulment petition fittingly.  
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Unless both the parties agree, the Registrar will not change the said date,

2. Contest the cases filed by them fittingly on merits without depending on the date of registration of marriage.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Dear Harpreet 
No need to worry, his petition will be dismissed. There is no question or ground for annulment of marriage, formalities done before registrar of marriage to get marriage certificate can not be sole ground for annulment, your sister may apply for cancellation of this registration or correction on this certificate with the original documents of marriage solemnized before the gurudwara.
The affidavit file before Gurudwara at the time of marriage is very strong proof to win the case.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
He acted very cleverly. The affidavit stating that your sister is a bachelor must have been signed by your sister and given to the registrar of Hindu Marriages. To amend the date of marriage you have to apply to the Registrar of Hindu Marriage with a copy of the anand karaj certificate given by the gurudwara. However, this will not undo the liability that may be imposed on your sister for having executed an affidavit stating she is a bachelor.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Annulment can be filed even before a year from the date of marriage. If the documentary evidence is against you then your prospects in the court will be bleak as civil cases hinge entirely on documentary evidence. A man may lie, a document will not. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
amicable settlement is best option 

2) dont agree for annulment of marriage . if husband insists contest the proceedings . 

3)best option is to  file for divorce by mutual consent on expiry of one year of marriage 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
The marriage date cannot be altered now or earlier.  
The evidences produced before the marriage registrar will speak about this.
Since the marriage registration has been done two years before, it would not be possible for changing the marriage date in the register for marriage without court order. 
What is the reason that he has filed nullity petition?
In the normal circumstances the annulment petition will not be entertained if the same has been filed after one year from the date of knowledge of the cause of action that is relied upon for filing this annulment petition. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
He got the registation done on false ground by showing the marital status of my sister as bachelor in the affidavit given at the time of registration. In the registration he has shown the date of marriage as 2nd nov 2014. Also in his petition he had not disclossed the place of marriage which is gurudwara to be exact.

He is trying to capitalise the situation in his favor for having manipulated the marriage date in the certificate.
But why you people did not check it that time.
For registering the marriage both have to be present before the registrar, did she not verify the details in the marriage certificate at that time?



2. yes we have the gurudwara certificate dated 3rd nov 2014.

Since the marriage was solemnised in Gurudwara and the certificate shows that the marriage was solemnised on 03.11.2014, his annulment petition can be challenged with this evidence and can even get the same dismissed on this ground itself. 





3. Are you sure of the time taken by registrara office for ammendment of date.

The registrar cannot alter the marriage certificate now, only curt can pas specific order after satisfying itself about the genuineness of the case. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Dont worry about the missing chat messages, even if you have them, it may not be admissible as evidence before court. 

The Gurudwara certificate will be vital to decide about his false petition seeking to annul the marriage. 

Challenge the case properly in the trial proceedings. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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