How can we legally cancel a notary-stamped marriage?

Advocate A M Iktear Uddin (anik) Answered: 08 Jan 2025

Merely notarizing a document does not legally constitute a marriage under Indian law. To be legally valid, a marriage must comply with the relevant provisions of either the Hindu Marriage Act, 1955, applicable to both parties if they are Hindus, or other relevant personal laws, including ceremony of 'saptapadi' and proper registration. In case of any defect in rituals, your sister can move a petition before the family court for annulment of the marriage. In case of a valid marriage and your sister does not desire to continue in the marriage, then she would have to file for divorce as per applicable personal laws.

Advocate Ayantika Mondal Answered: 07 Jan 2025

Your sister has two main legal options under the Hindu Marriage Act, 1955, to nullify the marriage: Annulment under Section 11 if essential Hindu marriage ceremonies weren’t performed, as a notarized document alone isn’t legally valid, or Declaration of Void Marriage by petitioning the Family Court to declare the marriage invalid due to lack of proper rituals. She should gather evidence, retain the notarized document and pandit certificate, and consult a family law attorney for the best legal approach.

Advocate By LEAD INDIA Answered: 07 Jan 2025

Sir, if the marriage was only done on a notary stamp and there was no official marriage ceremony or registration under Indian law then the marriage may not be considered legally valid and The certificate from the pandit might not be sufficient proof of a legal marriage. To cancel the marriage, your sister should consult an expert lawyer who will assist the best course of action. For further legal assistance contact us on our helpline number.