The Special Marriage Act is activated to stop any fraudulent marriage registration if two people who are getting married come from distinct cultural backgrounds. The special marriage Act of 1954 was created with the goal of standardizing the many marriage rituals. A person must face appropriate consequences if they commit fraud in marriage registration under the Act. With a population made up of people from different religions, India has a variety of cultural customs and behaviors. The Indian constitution has recognized several practices and turned them into personal laws in an effort to uphold the traditions that a large number of people follow.
The Arya samaj marriage is a good option if you wish to have a court marriage with religious rituals. The required paperwork and witnesses also need to be supplied in this case. Additionally, if you're already wed, you can register for your wedding on that day or a later one. Frequently, one or both sides of a marriage act dishonestly. This fraud or fabrication of certain facts could result in serious legal repercussions. Before a court of law, all the facts and paperwork related to the marriage must be truthfully declared in order to receive a lawful marital status.
Requisites for Marriage:
A marriage must meet certain requirements outlined in the Special Marriage Act of 1954, and supporting documentation must be provided.
You must be eligible for marriage and provide consent to being a party to it in order to register the marriage under the Special Marriage Act.
The partners must be of legal age to get married under Indian law. which is at least 18 years old for ladies and at least 21 years old for males. The idea of raising the legal age of marriage from 18 to 21 is now being discussed.
The partners must have freely consented to the marriage without coercion, fraud, undue influence, or error.
What Frauds Are Possible?
The marriage will not be registered if any necessary steps are taken or documents are created inadvertently to conceal certain facts if the other party is aware of the same information. Frauds come in many different forms:
Fraud is committed when one or both partners fail to meet the legal marriage age but yet provide documentation attesting to their legal marital status.
Fraud is considered to have been committed when someone claims to be of legal age to marry in order to win the other party's approval.
In order to acquire consent, a person who has been married in the past and has a partner without divorcing them is deemed to be engaging in fraud.
Fraud is committed if any of the documents are submitted to the registrar's office to register the marriage fraudulently.
If a witness falsely claims to be able to witness a marriage and then produces themselves, that is termed fraud.
Laws:
Marriages obtained fraudulently are defined in Section 496 of the Indian Penal Code. Under this clause, someone who fraudulently marries someone by withholding the relevant information that determines when the marriage begins can be held accountable. This provision imposes a sentence of seven years in jail.
The decree of annulment is provided by treating the marriage as void, as per the Divorce Act.
The fraudulent marriage may also amount to adultery, which was once a crime punishable under section 497 of the IPC.
Case Laws:
In the case of Shiekh Altmuddin v. Emperor, the accused falsely claimed to be single despite having a previous, still-living wife. The accused was found responsible by the court.
In the case of Kailash Singh v. State of Rajasthan, the accused had a previous partner, but the victim was aware of it thanks to the accused's direct communication with her. The marriage was subsequently established. Therefore, the accused was not found guilty of committing marriage registration fraud by the court.
The facts should be completely obvious before getting married; if they aren't, or if one partner intentionally withholds information that must be provided, that person is committing fraud. The legal system declares fake marriages null and void.
In cases of fraudulent marriages, one should consult a lawyer. If the person lives in Mumbai then-Lawyer In Mumbai can give advice. Likewise, a Court Marriage Lawyer In Delhi can also be approached if the person lives in Delhi.
You can also seek advice from lawyers in Lead India. You can ask a legal question and talk to a lawyer in seeking advice. We also provide Free Legal Advice Online. We have lawyers who have expertise in Law.
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