Decree of null and void regarding.....
Rajvir
(Querist) 03 August 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 question is whether the documents are sufficient for the case to proceed or not? Please reply.....
ajay sethi
(Expert) 03 August 2013
ask the first husband to produce his marriage registration certificate , or election commission card or ration card indicating that your wife was earlier married to P1
Rajendra K Goyal
(Expert) 03 August 2013
Other documents will support the claim. Second husband may also file case of bigamy against the wife.
Raj Kumar Makkad
(Expert) 04 August 2013
The form duly filled by L specifically telling P1 as her husband with the claim of P1 is sufficient to establish that she was previously married and thus the petition filed by P2 seeking nullification of marriage can definitely be decreed.
It shall also be better for P2 to call P1 in the evidence by summoning him through Court.
prabhakar singh
(Expert) 04 August 2013
The prelitigation admissions made by L in public records of UPSC supported by several other documents coupled with oral evidence of P1 are sufficient evidence but finding more corroborative documents would never be called injurious to the health of the case.
