Establishment of marriage

rsraghukumar (Querist) 13 May 2012 This query is : Resolved
sir
what is the meaning of Establishment of Marriage? In what way a love marriage or arranged marriage will be established in the courts?

sir my marriage is declared as null and void on the gournd that the girls first marriage is still in subsisting.
first husband also filed a suit to declare my marriage as null and void.
accordingly the court decreed both the petitions.
Now the girl prefered the appeal in that she stated that essentail ceremonies are not there in the first marriage.( sir that girl in lower court totally denied her first marriage and never said in her counters that essential ceremonies were not there. and also she avoided witness box in OP and in Suit to contradict the evidences. is it possible to say now in appeal that essentail ceremonies are not there when she denied her first marriage in lower court?)

sir i secure two SC jugdments in that it is stated that if marriage is established,it is presumed that all ceremonies have been perfromed. i want to make use of these two judgments in my case.

sir i did the following things to prove/establish first marriage of the girl.
1). 30 certfied copies of first marriage photos obtained from Suit filed by first husband.
2) Injunction order certified copy obtained from Suit filed by first husband to stop second marriage.
3) legal notice issued by the first husband to the girl before second marriage for stoping it.
4) legal notice issued by the girl to the first husband.
5) called first husband as witness in my case. he came and stated that he married the girl as per hindu rites and cutoms and the girl is his legally wedded wife of him.
6) the girl escaped into entering into witness box. she has not filed Chief Affidavit but filed a Memo stating that my evidence and first husband's evidence are sufficient to prove OP and also stated that there is no evidence from her side.

IN SUIT:
1) first husaband given his evidence stating the grils as his legally wedded wife.
2) mother of first husband given her evidence stating that the girl is her daughter in law who stayed in her house for 3 months.
3) here also the girl escaped from entering into witness box though 3 opportunities were given by the court.
4) her father also a party in the Suit, he also avoided to enter into witness box.

sir the priest was not examined who performed thier marriage as he is no more according to first husband's ans in cross examination.
sir is first husband is direct evidence or witness in my case to prove my case as priest or any other person who attended their marriage?

sir i want to utilise the SC judgments which says that when marriage is establisehd all cermonies have taken place.

sir in my case will those two citations are applicable to me?

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ajay sethi (Expert) 13 May 2012
you have a good case on merits . the evidence of first husband , her mother in law , photographs of marriage etc.

SAINATH DEVALLA (Expert) 13 May 2012
Yes Mr.Kumar,

Your trump card is the positive assistance of the first husband.First of all your marriage with her is void, as she has suppressed her earlier marriage.Hence your side has more advantages and I expect you to win the case hands down.