Can court marriage be cancelled?

Answer By law4u team

A court marriage in India is a legally recognized form of marriage conducted under the provisions of the Special Marriage Act, 1954. This Act allows individuals belonging to any religion, caste, or community to marry before a Marriage Officer without any religious ceremony. It is a civil marriage based on free consent and legal eligibility. Now, the question arises - Can such a court marriage be cancelled? The answer depends on what stage the marriage is in and why one of the parties wants to cancel it. 1. Before the Marriage is Solemnized (During the Notice Period) When a couple decides to have a court marriage, they first have to file a Notice of Intended Marriage before the Marriage Officer of the district where at least one of them has resided for at least 30 days. This notice is displayed publicly for 30 days to allow anyone to raise objections. During this period, two things can happen: 1. Withdrawal by Parties: If either the bride or groom decides not to proceed with the marriage, they can withdraw their application. There is no penalty or legal consequence for doing so. The marriage officer will then close the file, and the process ends. 2. Objection by Any Person: Any person can object to the marriage on specific legal grounds such as: One of the parties is already married; Either of them is below the legal age (male under 21 or female under 18); They are within prohibited degrees of relationship (like close blood relatives), unless permitted by custom; Either party is not of sound mind. If an objection is filed, the Marriage Officer must conduct an inquiry within 30 days. If the objection is upheld, the marriage cannot proceed. If the objection is rejected, the parties can marry anytime after that. So, before the marriage is actually solemnized, cancellation is simple - either by voluntary withdrawal or by a valid legal objection. 2. After the Marriage Has Been Solemnized Once the court marriage is solemnized before the Marriage Officer and a Marriage Certificate is issued, the marriage attains full legal status. From that moment, the relationship between the spouses becomes legally binding. After solemnization, a marriage cannot be “cancelled” through administrative means. It can only be annulled (declared invalid) or dissolved (divorced) by a competent civil court. The law recognizes two main routes for this: A. Annulment - When the Marriage Itself Was Not Valid If one of the essential conditions of a valid marriage under the Special Marriage Act was not fulfilled, the marriage may be declared null and void or voidable. Void Marriages (Completely Invalid) A marriage is automatically void if: One party had a living spouse at the time of marriage (bigamy); The parties are within prohibited relationships; Either party was underage at the time of marriage. In such cases, the marriage has no legal existence, but a formal declaration of nullity from the court is usually obtained to avoid disputes later. Voidable Marriages (Can Be Cancelled by Court Order) A voidable marriage is legally valid until a court declares it null. Grounds include: Marriage obtained by fraud, coercion, or misrepresentation (e.g., false identity, hiding important facts); Lack of valid consent due to unsoundness of mind; Marriage not consummated because of impotence. In such cases, a spouse must file a petition for annulment before the District Court within a reasonable time. Once the court passes a decree of nullity, it is as if the marriage never legally existed. B. Divorce - When the Marriage Was Valid but Broke Down Later If both parties entered into the marriage lawfully but later developed irreconcilable differences, they can seek divorce under the Special Marriage Act. The common grounds for divorce include: Adultery: One spouse had voluntary sexual intercourse outside marriage. Cruelty: Physical or mental cruelty inflicted by one spouse on the other. Desertion: Continuous abandonment for at least two years. Unsoundness of Mind: Persistent mental disorder making cohabitation unreasonable. Conversion: One spouse converts to another religion. Venereal Disease or Leprosy: Incurable disease contracted by one spouse. Presumption of Death: If one spouse has not been heard of for seven years. Mutual Consent: Both spouses can jointly apply for divorce after at least one year of marriage, showing that they have lived separately and cannot live together. A divorce decree from a competent court is required to legally dissolve the marriage. Until that decree is passed, the marriage remains valid in the eyes of the law. 3. In Cases of Fraud or Misrepresentation If someone has fraudulently registered a marriage or impersonated another person, the aggrieved individual can: File a criminal complaint for offences like cheating, forgery, fraud, or impersonation under the Bharatiya Nyaya Sanhita, 2023 (BNS) - for instance, cheating (Section 318 BNS), forgery (Section 336 BNS), or using false documents. Simultaneously approach the civil court to have the marriage certificate declared void. The court can then order the cancellation of the marriage registration, and criminal proceedings may run alongside. 4. Important Legal and Practical Points A court marriage certificate is a strong legal proof of marriage. It cannot be simply “cancelled” by visiting the marriage office. Only a competent court can declare a marriage invalid or dissolve it. Even if the parties have separated and are not living together, the marriage continues to exist legally until a court order says otherwise. In cases of forceful marriage, fraudulent consent, or minor’s marriage, the victim can approach both civil and criminal courts for relief. Conclusion To summarize, a court marriage cannot be casually cancelled once it is solemnized. It can only be: 1. Stopped before solemnization (by withdrawing notice or raising a legal objection); 2. Annulled by a court if it is void or voidable (due to fraud, coercion, underage, or mental incapacity); or 3. Dissolved through divorce if the marriage later breaks down. In short, “cancellation” in the administrative sense does not exist for court marriages in India. The only competent authority to end such a marriage is the District Court, through annulment or divorce proceedings.

Answer By Ayantika Mondal

Dear client, In India, Court marriage is mainly governed by the Special Marriage Act, 1954. Therefore to understand if the Court marriage can be cancelled or not, has to go through few instances or situations as mentioned below: A Court marriage, formally solemnized under the Special Marriage Act, 1954, cannot be “cancelled” in a casual or administrative manner once it has been validly solemnized and registered. However, the law does provide specific legal remedies through which such a marriage may be brought to an end or declared ineffective, depending on the circumstances. Firstly, a Court marriage may be declared null and void and voidable by a competent court by way of a decree of nullity under Sections 24 which states void marriages and Section 25 which states voidable marriages of the Special Marriage Act, 1954. As per Section 24, a marriage is void if any of the essential conditions under Section 4 of the Act, 1954 is not fulfilled, or if the respondent is impotent at the time of marriage and at the time of filing the suit. Under Section 25, a marriage is voidable and may be annulled if it was not consummated due to wilful refusal, if the respondent was pregnant by another person at the time of marriage or if the consent obtained by coercion or fraud, subject to statutory limitations and time bars. Secondly, where the marriage is otherwise valid, it can only be dissolved by divorce under Section 27 of the Special Marriage Act, 1954. Divorce may be sought on statutory grounds such as cruelty, desertion, adultery, mental disorder, or by mutual consent under Section 28, subject to the conditions laid down therein. In another circumstance, parents or any person can object to such Court marriages within 30 days of publication of notice of intended marriage under Section 7 of the Act, 1954. But it is the duty of the Marriage Officer to inquire such objections and come to a solution within 30 days from the date of such objection. The Marriage Officer thus decides whether the objection is valid or invalid. If the objection is valid then the couples cannot move forward to solemnize such marriage. And if the objection is invalid or unlawful or is withdrawn then marriage will be processed further to get solemnised. Mere objection does not cancel out Court marriage. The objection has to be lawful and on the ground which would contravene one or more of the conditions specified in Section 4 of the Special Marriage Act, 1954. Thus it is important to note that even mere change of mind, family pressure, or mutual disagreement does not permit “cancellation” of a Court marriage. Once solemnized, the marriage has full legal validity, and the parties are required to follow due process of law for annulment or divorce. I hope this answer was helpful. For further queries, please do not hesitate to contact us. Thank you.