Decree of null and void regarding.....
Rajvir
(Querist) 30 December 2013
This query is : Resolved
The lady L is married to person P1(love marriage). The lady L left the person P1 without taking divorce and got married to another person P2(arrange marriage). The first husband P1 started telling to second husband telephonically about their marriage and for evidence he supplied the UPSC call letter indicating P1 as husband of L in the handwriting of L, and the residential record of husband is also indicating the name of L as wife of P1 in the record of P1 residence with signatures of P1. When P2 (second husband of L) wanted to know about the facts from L see and her family members started torturing P2 for filing various false cases against him, even they have threshed the P2 and his family members and started demanding money. And lady L left the company of P2 without his consent. Then after this the P2 has filed the case of declaring their marriage as null and void under section 11 of HMA.
Now the situation is that:
1. In the court the UPSC record has been summoned and the record is found true i.e. in the record the lady L has written as wife of P1.
2. The P1's govt. house occupation report has been summoned and record is found true. In his record the lady L is shown as wife.
3. The writing has been matched.
Respected all,Now the questions are:
1. Whether the documents are sufficient for the case ?
2. What should I do if P1 is not ready to come to court and telling truth and P1 also said that in the court I will tell lie i.e. P1 will say in the court that P1 and L have not been married?
3. What actions can be taken against them in the light of above documents?
4. Whether the decree of null and void of marriage can be passed on the basis of above proofs?
Waiting for your valuable suggestions......
ajay sethi
(Expert) 30 December 2013
Pi evidence would be significant . you would need marriage invitation cards , marriage photographs etc or registration certificate to show that L is wife of P1 . the uPsc letter written by L in her own hand writing would go against her . the stand of L would be significant . does she admit it is her own handwriting and that it is signed by her .
it is necessary to go through case records to advise
Rajendra K Goyal
(Expert) 30 December 2013
Repeated more than once:
http://www.lawyersclubindia.com/experts/Decree-of-null-and-void-regarding--412906.asp#.UsFJlrSLq_I
http://www.lawyersclubindia.com/experts/Decree-of-null-and-void-regarding--439516.asp#.UsFJurSLq_I
T. Kalaiselvan, Advocate
(Expert) 31 December 2013
The author of the document intended to be produced as exhibit need to be examined to prove the veracity/authenticity of the said document, here the lady L to be examined to prove her hand writing in the said UPSC form. The ration card of P1 containing the L's name as wife and the P1's govt house occupation report have been proved before court as stated by the author in his query, this will be sufficient to prove that L was already married to P1 before marrying P2 hence the marriage between P2 and L can be annulled as null and void.
Devajyoti Barman
(Expert) 31 December 2013
1.Yes
2.no issues, issue summons against him.
3.File criminal case of bigamy.
4.yes
Devajyoti Barman
(Expert) 31 December 2013
Sorry, I could not find the repetition and hence I replied.
ajay sethi
(Expert) 31 December 2013
did not realise query was repeated when i replied
