Citation of 125 CrPC
Soma
(Querist) 09 September 2010
This query is : Resolved
In a 125 CrPC case the wife failed to prove factum of marriage.Wife claimed that marriage was solemnised at a temple. On this ground her claim for maintenance was rejected.
Wife now filed Revision before High Court, Calcutta praying to set-aside the order to the Ld Magistrate.
To defend I need citation of decided cases in which it was decided that,
"where factum of marriage and cohabitation is denied by the husband, the wife must prove the marriage"
" the evidence of priest is required in such cases where alleged marriage is claimed to be solemnised at temple"
Or any other citation to defend to husband.
Seniors please help..
adv. rajeev ( rajoo )
(Expert) 10 September 2010
You could have led the evidence of the relatives of the girl or could have produced the voter ID or ration card where in her name appears along with the husband's name. Burden lies on the wife to prove the marriage when it is denied by the husband. Now it is very difficult to prove in revision.
R.Ranganathan
(Expert) 10 September 2010
You are defending the case on behalf of the husband. You have won the case. Now in the High Court wife cannot bring in new evidences. Wife has to prove her case. So you can wait and present your earlier defenses.
Ajay Bansal
(Expert) 10 September 2010
remember that even a keep,who is not wife,can be granted maintenance.
s.subramanian
(Expert) 10 September 2010
I agree with the experts.
M/s. Y-not legal services
(Expert) 16 September 2010
I agree with experts.. If you proved that they were lived together mean thats enough to get maintenance..
