How can I cancel marriage registration with mutual consent legally?

I have done an Arya Samaj marriage and registered it in court, but now my wife’s parents are not ready to accept the marriage on social grounds. How can I cancel the marriage registration with mutual consent?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 19 Mar 2025

An Arya Samaj marriage registered in court is legally valid under the Hindu Marriage Act, 1955. Cancellation cannot be effected administratively; instead, the remedy is divorce by mutual consent under Section 13B. Under this provision, both parties must have lived separately for at least one year and observe a six-month cooling-off period before a decree of divorce is granted. Once registration is complete, the marriage is recognized as a legal contract, and its dissolution must follow judicial divorce proceedings, not mere cancellation. Thus, a mutual consent divorce petition is the only remedy. For further assistance contact us on our helpline number.

Admin
Advocate By LEAD INDIA Answered: 19 Mar 2025

To cancel the marriage registration, you and your wife can file for mutual consent divorce under Section 13B of the Hindu Marriage Act. This involves filing a petition in the family court and agreeing to end the marriage. After the court grants the divorce, you may update the marriage registration record accordingly. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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