What is the Easiest Process of Cancellation of Marriage?

The parties shall understand that there is actually no way to cancel the certificate of marriage. A petition can be filed for nullity of court marriage u/s 25 (1) under Special Marriage Act if there are sufficient reasons for declaring the marriage null and void.

When either party was incapable of giving valid consent due to unsound mind or mental fitness that marriage shall be considered  null and void and the certificate of marriage can be cancelled on this ground.

The other way to break the marriage, the couple has to obtain divorce from the court. Once the order of the divorce decree is passed  by the court the person has the right to remarry and it is likely that marriage is performed under Special Marriage Act or Hindu Marriage Act.

Scenarios:

The other scenario could be the second marriage without divorce unless the custom or religion allows the same to be valid. Marriages are solemnised in respect of personal laws and do not allow the second marriage to be valid and legal.

A marriage which is performed after commencement of the Hindu marriage Act, 1955 can only be dissolved by decree of divorce on any grounds mentioned in Section 13 of the Act. Till one marriage is dissolved under the Act none of the spouses can. 

It can only be cancelled by the way of divorce in the court of Indian law.

Cancellation:

The marriage certificate cannot be cancelled, there is no provision as such for cancellation of the marriage certificate. Once the registration is finalised, then it will be considered as legally wedded marriage. Therefore, the certificate cannot be cancelled.

For cancellation of a marriage certificate you need to hire an advocate and file a petition for a decree of divorce.

Cancellation and nullity of marriage may take a few months to several years, depending upon the various factors like complexity of cases, availability of witnesses and documents.

Separation Is Equal to Divorce:

Section 28 of the Special Marriages Act, 1954 and Section 13B of the Hindu Marriage Act, 1955 stipulates that the spouses shall remain separated for a period of one year in order to apply for divorce by mutual consent.

Irretrievable Breakdown of Marriage:

Irretrievable breakdown of marriage cannot be the sole ground of divorce if it is not merged with cruelty. The Delhi High Court stated that solely this cannot be the reason for divorce.

Thus, we can say that a marriage certificate cannot be revoked or cancelled under any circumstances and it can only be revoked through the mode of divorce. Appropriate way can only be availed by the way of Hindu Marriage Act 1955.