Marriage
Querist :
Anonymous
(Querist) 19 January 2012
This query is : Resolved
sir mine is love marriage. after three months of my matrimonial life, wife went out from matrimonial life. without giving divorce to me she married again. i filed suit to declare her second marriage as null and void. my evidence came i gave my witness, as further witness i called my mother and my friend who did not attended my marriage. my mother and friend attended as witness in the court. other side is asking that i am not showing the witness who attended my marriage. but no one attended my marriage with that girl. my mother gave evidence that that girl stayed in matrimonial home for three months and my friend gave evidence as he saw that girl in my house as my wife. sir now my question is
a. i came to know that one supreme court judgement is there that even same family's evidence is also valid in the court. in my case my mother gave evidence rather than out sider. plz forward any citation which is suitable for my case.
ajay sethi
(Expert) 19 January 2012
you must be having photographs of your marriage? pandit who officated at the marriage? wedding cards?
you should have called pandit as witness .
or the photographer who clicked ur pics together
why did you not examine them as witnesses
if your mother has deposed that marriage had taken place and you lived with your wife it should suffice.
it is advisable to have evidence of witness who attended the marriage to depose
Devajyoti Barman
(Expert) 19 January 2012
You are right, the court makes no difference between interested witnesses like relative of the party who calls for witness.
Deepak Nair
(Expert) 20 January 2012
I too agree. You are rightly advised by the experts above.
girish shringi
(Expert) 20 January 2012
Mr.Sethi is right,you must be having any evidence and proof of marriage either your marriage under Hindu marriage Act or any other religion . You must have the evidence.
One can stay in Live in partner also,thats not the marriage.
girish shringi
(Expert) 20 January 2012
Mr.Sethi is right,you must be having any evidence and proof of marriage either your marriage under Hindu marriage Act or any other religion . You must have the evidence.
One can stay in Live in partner also,thats not the marriage.
However in recent judgement of Supreme Court Live in Relationship has got right for the woman but it has not defined it as marriage.
M/s. Y-not legal services
(Expert) 20 January 2012
what you going to do with the succeed of your case..
i feel you are hiding something.. if your marriage and your love is true mean why she going to with another man?
-tom-
Sudhir Kumar, Advocate
(Expert) 20 January 2012
You are probably selecting only those perosn who have seen you living with her and not those who have seen you getting married. Professional in the marrieg like pandit, photographer, caterer, any artist, driver, hired etc are competent witnesses. The evidence of mother and friend as you advised is not helping you. You are rightly advised by Mr Sethi. Mr Burman has clarified that evidence of relatives is valid but I add that it is valid only if they have atttended marriage.
V R SHROFF
(Expert) 20 January 2012
nothing MORE TO ADD.
RIGHTLY ADVISED
Shonee Kapoor
(Expert) 31 January 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
