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sagar   28 April 2015

Marraige evidence

Dear All,

What can be considered as Marriage

My Friend ‘M’ says that he is married with his girlfriend.

The only evidence that he has is note in a diary written by the Girlfriend, stating how he applied sindur on her forehead, how beautiful she was looking and she liked the simple way of getting married in such a way in a mandir.

Can this be considers as an evidence for marriage.

She is married with other guy, Based on this writing can the marriage be proved null and void abinitio.

The boy is also married, but his wife knows all this about his Girlfriend.

Based on this I have a second question continuing further.



Learning

 14 Replies

bsrao   28 April 2015

The girl is married to some other and the boy is also married. Whats the issue?

sagar   28 April 2015

Actually, the boy tried many times to tell be done

saravanan s (legal advisor)     28 April 2015

Why wass the boy so particular in telling the girls husband about the issue.as far as i know what ever happened cant be considered a valid marriage.now the boy is also married.what ever he did is utter stupidity.now he has to suffer only.

sagar   29 April 2015

Stupidity understood, but any solutions. If so would be helpful

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 April 2015

This looks like a question paper for a law examination.

bsrao   29 April 2015

So, you want to prove to the girl's husband that his marriage is invalid because of the girl's earlier marriage. The noting on a piece of paper cannot be conclusive proof of a valid marriage. Therefore, the BOY have to let her go. Even a claim like this will attract criminal action.

sagar   30 April 2015

Dear Mr. BSRAO,

Thanks for your response.

Why this is important, is because the husband filed a Police compliant, the police trashed him only on a bases of a written compliant, no FIR. The boy had asked the police when the police called him about CR Number, section ect.., The Police said nothing on this, instead said that they need to solve this matter, if  he does not come, they will take further action. On this bases the boy reached the Police Station. Further he was trashed and was forced to accept that all the letters are forged and he never had any relation with the girl. Further a NC was filed Under  IPC 107 and CRPC 54. He put behind bars and base release on 6 months guaranty before SP.    

This a reason the boy needs justice, he wants to file case for defamation as he is a well established business man.

Your further inputs will be help full.

Thanks

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 May 2015

In films and TV serials a boy and a girl run away from home and get married in a temple. Sometimes there will be a priest to solemnize the marriage and at other times none. Other witnesses may or may not be present. In real life also some couples copy what they in films. In Tamilnadu there is a practice. Couples whose marriages are opposed by their parents or by their communities can go to a police station and the police will conduct the marriage. Such marriages are no marriage at all. They are as good or as bad as live-in relationships. They can continue even for the lifetime of the couples as long as they are not challenged. Who will challenge it? In the first place there must be locus standii to challenge. They may be challenged when property interests are involved. They could be challenged in cases like the post here.

Marriages are valid when done in a manner customary to the community to which the boy and girl belong or when it is registered with the Registrar of Assurances.. Marriages are performed in the Church for Christians. A Kazi can perform the marriage of Muslims.

Marriage narrated by Mr. Sagar is not valid even if it was done in a temple with priest and witnesses. Hence any complaint which an aggrieved husband or wife can make will not stand legal scrutiny.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 May 2015

The police can take action even if there was no marriage because marriage related laws cover also "marriage like" relationships.

bsrao   01 May 2015

Mr. Sagar, the boy's pain is owing to police action and has got nothing to do with marriage issue. Someone must have greased their palms to invoke CrPC 54. The boy must have acted then instead of seeking an advice now after undegoing the trauma. I suggest the boy to leave things as is and to get along with his life.

sagar   02 May 2015

Dear Mr. BSRao,

Thanks a lot for your time in responding!!

Your have hit the nail on head, you are absolutely right.

After being captured by police he had only option left was to surrender.

This is a reason we are trying to figure out various option for him.

We are clueless now, as the opposite party has female involvement, which has made this issue weaker for defence due to new amendment in section 354 IPC.

There should be some remedy under law for such act.

Lets see if we could figure it out and hopefully soon in time.

sagar   02 May 2015

Dear Dr. MPS RAMANI

Thank you for your replay. It was definitley useful.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 May 2015

Police cannot beat or otherwise physically assault a person even if he were a known criminal and/or there was sufficient evidence against him. The complaint here should be against the police or not against the person who gave the complaint or the one who was instrumental in giving the complaint. If one has evidence to show that the complainant was in collusion with the police he or she can be included as an abettor. Complaint against the police should be to the Human Rights Commission.

sagar   07 May 2015

Dr. MPS RAMANI Thanks for your inputs. But how it will be prooved that the police have trashed the person. The police, why will they accept it. Will they not foul play again. This was thought, but somehow we have skiped this option. How can the things that happens inside PI's cabin will be prooved?. Thanks once again for the response.

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