Cancellation of Marriage registration after award of divorce decree
3 years ago
Marriage registered as per provisions of marriage registration of Portuguese civil code in Goa. Wife hailing from Maharashtra. Husband native of Goa. Wife subsequently, preferred to file for mutual consent divorce in Maharashtra. Judgement and decree by court in Maharashtra issued mentioning that the marriage registered under entry no. ____ at registrar at Goa is dissolved by way of divorce with mutual consent, under the special marriage act. However, it does not mention about direction to civil registrar at Goa to cancel the marriage registration. When, Husband approached marriage registrar for cancellation of the marriage registration, registrar directed him to furnish certified copy of the decree and also publication in official Gazette of Goa. On furnishing both these, the registrar again informs him that the court decree should mention direction to civil registrar of Panaji to cancel the said entry. Should the husband now approach the administrative tribunal or personnel department or law department of Goa, or RTI for redressal of this grievance since he has been told by the lawyer at Maharashtra that neither the changes(additions) are possible in the decree, which is already passed, nor can any letter to registrar be issued by court.
Decree of divorce is enough. Marriage once registered can not be cancelled it can only broken by decree of divorce. After the decree of divorce the certificate has no legal identity
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You don't have to cancel your registration. Decree of divorce is sufficient proof for dissolution of marriage.