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  • leadindia836
    • Apr 10, 2023
    • 3 min read

How To Cancel Marriage Certificate Without Divorce ?

It is required to be understood by the parties that there is not way to cancel their certificate of marriage obtained after the Court Marriage in Jaipur or any other city. Only when there are adequate grounds to declare the judicial marriage null and void, as allowed by Section 25(1) of the Act, may a petition be brought for its nullity.


A marriage could be declared as null and void only when either party to the marriage was incapable of providing their valid consent, i.e. they were either of unsound mind or were suffering from mental illness.


Another option for the parties is to obtain divorce from the court. After the decree of the court is passed the party would have the right to remarry either under the Special Marriage Act or their personal laws.


Divorce

As has been provided under the Hindu Marriage Act, 1955, both the husband and the wife have the right to get their marriage dissolved by a decree of divorce based on the grounds provided under the Section 13. If a divorce is filed by one party, it is called a contested divorce.


However, sometimes the couple may agree that they are unable to continue with their marriage and decide to file a joint petition for the dissolution of their marriage as provided under Section 28 of the Act of 1954. It is known as the divorce by mutual consent.


To file for a divorce petition either against your partner or by mutual consent, the first and foremost step you have to take is to appoint a Divorce lawyer in Mumbai or in the city you are residing in. It is most important for you to understand the grounds for divorce, procedure for divorce or any other law related to divorce law.

Conditions provided for divorce under the Section 13-B of the Hindu Marriage Act-

  1. The couple should be living separately for one year or more.

  2. The couple is unable to live together.

  3. Both husband and wife have mutually agreed that the marriage cannot be continued and have decided to file for divorce so as to end their marriage once and for all. Under these circumstances, they can file for divorce by mutual consent.

Where to file for divorce-

A petition for the dissolution of marriage could be filed in-

  • The court where the couple had last lived together.

  • The court under whose area of jurisdiction marriage was solemnised initially

  • The court under whose jurisdiction the wife is residing at present.

Decree of Divorce-

In the case of a divorce by mutual consent, the parties should have given their consent for the same and there must be no difference in opinion in the matters related to the issues such as custody of child, alimony, maintenance, etc.


Thus, a complete agreement between the partners should be there in relation to the matters involving dissolution of marriage.


When the court is satisfied that there is no possibility of reconciliation between the parties, it will pass a decree of divorce and declare the dissolution of marriage.


Conclusion

Divorce is a huge decision as is marriage. Therefore, before taking the ultimate step, it is advised to seek the opinion of an experienced matrimonial lawyer, so as you know what you are getting into, what are the various options available to you that have been provided by the law.


Lead India offers you a team of experienced lawyers who have been successfully dealing with the cases involving divorce cases, matrimonial issues, child custody cases, etc. Hence, you can get in touch with us if you want to speak with a lawyer or get free legal assistance online.


Call Us: +91–8800788535


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