Null and void
rsraghukumar
(Querist) 03 March 2012
This query is : Resolved
sir yester day is sent one query about my marriage. sir generally in love marriages witnesses will not be there na. in that case how court will come to conclusion that marriage has taken place. sir i mean to ask is here in my case the respondent is denying her first marriage. but i called first husband as witness in my case. he came as witness. first husband filed photographs with negatives to show that marriage has taken place. first husbands mother also came as witness stating that the respondent is her daughterinlaw. now the respondent got chance to enter into witness box. but she espaced to enter into witness box. court given three chances but she failed to enter into witness box and finally she filed a memo stating that there is no evidence for her side. but she filed written submissions that first husaband did not proved himself by not calling photographer as witness or any eyewitness to the first marriage. sir after some lapse of time it very difficult to bring those witnesses na sir. even first husband filed injunction suit to stop second marriage, but she refused those orders. in this case how can i prove my case. first husband also filed suit to declare my marriage as null and void. there also she took same plea that she has not married him and photographer and any eyewitness came. but it is love marriage na sir. same family witness i mean first husband's mother gave her evidence that the respondent is her daughter in law.
Deepak Nair
(Expert) 03 March 2012
You have taken all those steps which were humanly possible.
The court will consider the evidences such as photographs even though the same needs to be proved by the photographer.
It is to your advantage thae she failed to lead her evidence.
The evidence given by the firsrt husband and mother in law also adds to your advantage.
adv. rajeev ( rajoo )
(Expert) 03 March 2012
When she has denied her first marriage, so burden lies on her to prove that, but she has not entered the wittness box, so she failed to prove contentions. Mere filing memo is not sufficient.
Guest
(Expert) 03 March 2012
What actually is your query? Experts may not be put to guess what actually you want to ask. That way you can get only confusing replies, which may probably not solve your real problem.
Shantilal Pandya
(Expert) 03 March 2012
Yes ,what do you want ? your marriage with respondent to be declared void ?in the suit to declare your marriage void filed by the alleged first husband you must have been joined as a party what is the result of that suit ? , or it is still pending ? if it is also pending then request the court to consolidate both the suits to one trial so as to avoid conflicting decrees being passed, in civil litigation the court considers the evidence on the strength of probabilities and preponderance , there for the court may accept your evidence specially in the absence of any evidence of your alleged wife, and the fact that she willfully avoided entering into witness box, the court may draw adverse inference against your alleged wife
the words "alleged wife " and "alleged husband" are used merely to identify the persons .
V R SHROFF
(Expert) 03 March 2012
what is your query? what u want??
Shonee Kapoor
(Expert) 04 March 2012
Exactly what is the real query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
