Family
rsraghukumar
(Querist) 22 March 2012
This query is : Resolved
first marriage is a love marriage. without giving divorce that lady entered into second marriage. i am that victim. i filed op to declare my marriage as null and void. i called first husband as witness to prove my case. he came and given his evidence. during the time of cross examination of first husband, the girls advocate not questioned about calling the priest as witness who performed their marriage.he just asked that what is the name of the priest and his address. for that the first husband replyed by saying the name of the priest and also informed to the court that he is not having the address of the priest due to some lapse of time. basically the girl is denying the marriage. at the time of arguments she filed written subissions by stating that PW2 first husband not called priest as witness. but girls advocate never asked at the time of cross examination. here important point to be noted that the girl failed to enter the witness box. not contradicted the evidence of pw2 or PW1 or evidences filed to prove first marriage. she simply in all her counters saying that photos are created/morphed and documents are created. then if that is the case sir when she has not chosen to enter into witness box and give her evidence.by god's grace lower court gave judgment in my favour only. now the girl prefered an appeal. she took plea as priest was not examined. how it is possible sir when they them self not questioned at the time of cross examination or when herself failed to enter into witness box, now how can she take that as ground. more ever the priest is no more according to pw2. the lower court has also belived the words of pw2 as he came and given his evidence on oath, which the girl did not do so. i mean not entered in to witness box. now how the appellant court will conider the pleas of the girl. lower court has also pointed that when she did not enter into witness box adverse inferance has to be drawn against the girl. based on the one ground that is without calling priest my case will go down or up. plz suggest me sir.
Kiran Kumar
(Expert) 22 March 2012
well a concrete set of opinion can be formed only after looking into the contents of cross examination actually done in the court.
if the girl has not deposed in the court then this fact is sufficient enough to demolish her case.
Raj Kumar Makkad
(Expert) 23 March 2012
I am of the firm opinion that the appellate court is not going to change the findings of the lower court duly appreciated on the basis of evidence brought on the case file. appeal is likely to be dismissed.
Ghanshyam Prasad
(Expert) 23 March 2012
Non-exam.of priest will not affect merit of the case.
Shonee Kapoor
(Expert) 23 March 2012
It is rightly said, nothing can be said w.o looking at the complete case papers.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 23 March 2012
u can get certificate of prev marriage??? It is best evidence.
ask Church Priest / to provide/
Saumya Chitranshi
(Expert) 24 March 2012
the proceedings carried out at lower court are not revised by the higher court. This ground taken by the wife regarding the priests witness is very weak.
Further as suggested by Mr. Shroff it would be best of you can arrange for the certificate from the priest in the meanwhile.
