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(Querist) 10 May 2012 This query is : Resolved 
good evening sir

now my null and void petition is under appeal in High Court. i filed on the ground that the girls first marriage is still in subsistence. court decreed in my favour. gilr approached HC for an appeal. sir in lower court she totally denied the marriage. now in appeal she is saying that saptapadi is not visibile in the photos.

sir can it possible to ask this type of question when she totally denied her first marriage.

sir in first marriage Lajja Homam is visible and in that photo Brahamudi is visible and immeidate photo is Arundhathinakshatram can be seen which is last occastion in marriage. (sir particularly saptapadi photo not seen) sir i heard that in hindu marriage if some cermonines have performed, presumption is there that all cermonies have taken place. is it correct sir?

sir now her counsel is asking even purohit was also not examined, he is taking that plee also. but first husband said in cross examination that priest is no more. and in cross examination of first husband the girls advocated not asked any question of cermonines perfomred in their marriage, but simply he asked one question that there is no marriage between first husband and that girl.

sir is there any SC judgment regarding presumption that all necessary cermonies have taken place in hindu marriage if some sort of cermonies have taken place.
Adv.R.P.Chugh (Expert) 10 May 2012
not aware of case you are talking about but she cannot set up a case whose basis was not laid during trial itself, in other words - she cannot set up a new story now.
Shonee Kapoor (Expert) 10 May 2012
She can not take new grounds in appeal.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate (Expert) 11 May 2012
A different version here from what was taken in trial court will not be sustained.


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