Legal Question in Family Law in India
Registering a marriage contract
Me and the girl I love have signed a contract to live together in marriage at a sub-registrar office in kerala with witnesses,without our family knowledge.It was not under Special Marriage Act.I have photos proving the event and also when we were signing it,in front of the office.Since we are NRI's,I had to come back.When I recieved the contract papers, someone had added a new sentence in it saying the contract has no legal value(the photos prove that this sentence is not there).The continual of a sentence was erased and overwritten which is easily seen.I heard from my friend who sent me the papers that one witness along with someone in registrar office did this since I didnt give them money.But we also signed in a register book at the office.Is my contract invalid?If so what can I do to make it legal?Or can I cancel this and make a new valid one.Since me and my girl are here abroad ,can I register to any sub-registrar office from here?What action can I take against the person who cheated me?
5 Answers from Attorneys
Re: Registering a marriage contract
A contract of marriage has no legal value.But if you have performed the marrige with your girlfriend,then you must obtain a marriage certificate from the concerned authority.Rajendra Babbar Advocate.
Re: Registering a marriage contract
You need to prepare a rectification deed on a stamp paper stating that the earlier deed was tampered with and that there was material alteration of the earlier deed by a third party having an adverse interest against you. This rectified deed can be resubmitted at the Registry through a competent lawyer and under acknowledgement. Your agreement is valid and enforceable in law. If you need assistance contact [email protected]
Re: Registering a marriage contract
The contract can be rectified and can be registered in a registrar's office. as regarding action against the person it is better to leave it and be vigilant hereafter.
Re: Registering a marriage contract
Your contract with or without the added sentence is 'void' and thus not legal.
This type of contract has a history and first such contract in India was executed at Rajkot and many more thereafter in Gujarat, matter has gone all the way to Supreme Court and SC has held such contracts to be invalid - and therefore no amount of rectifying or fresh execution or even if it was not tempered with - would make such a contract legally valid in India.
I hope this will clear all your doubts.
Re: Registering a marriage contract
Dear Gentleman:
Marriage contracts, in India are void. M/Contracts whether registered with Sub-registrar or not, have no meaning. They cannot be enforced in the courts of law.
Bhushan Arya
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