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Marriage in court

(Querist) 11 February 2013 This query is : Resolved 
Dear All Respected Sir,

I Have a client, which doing a tax consultancy from Me, He Has Done the marriage in court. Now due to his wife is coming in close relation in family, his family said him that, both family prove that both are come under prohibited marriage of law.

& boths marriage is void & make punishable to both. make crime case against my client.

but my client not come under prohibited relationship, & i want to prove in court that. but i have no supporting for this.

so i want advice on this.
ajay sethi (Expert) 11 February 2013
you have to contest the case in court . point out that both dont come within prohibited degree of relation ship . prpare the family tree . relation ship between parties
Kalpesh Mota (Querist) 11 February 2013
sir, he already presented in court wrong family chart. thats why we our chart can not approve by court. & we dont have any support to prove that our family chart is correct.
R.K Nanda (Expert) 11 February 2013
contact local lawyer.
Kalpesh Mota (Querist) 11 February 2013
what does it means sir, i m also lawyer.
Guest (Expert) 11 February 2013
Hope as a lawyer, you very well know that burden of proof lies on the prosecution. complainant. Let them bring some solid proof.

However, for your readiness to scuttle their evidence, although my suggestion may sound to be unusual, but has a very solid evidence base.

In olden times, some families used to keep record at one place about births, deaths, mothers, fathers, ancestral relationships of elders etc., with new born children. If his ancesters maintained such a record and he can lay hand on that, the same can be helpful to establish his claim. Otherwise, at Haridwar, Allahabad and other sacred places, meant for disposal of bones of the deceased person, the pandas/pundits/ Purohits of the family at those places used to keep ancenstral history of the relatives used to go for the last rites at such places. You can take help from those evidences. If not, nothing would seem to help you or your client, if proved by the opposit party against him.
Kalpesh Mota (Querist) 11 February 2013
thanks sir, i tell this to my client, i hope that he had something which you told.

sir what can i suggest him, if he prosecution prove that the marriage in Prohibited by law, how can i defend him from any criminal case are imposed on him.
R.K Nanda (Expert) 11 February 2013
the case of ur client is weak and difficult to defend.
Devajyoti Barman (Expert) 11 February 2013
You prove your side of defence.
Kalpesh Mota (Querist) 11 February 2013
i know its weak & difficult, how i divert in to this in his opposite side.
Kalpesh Mota (Querist) 12 February 2013
this query Resolved
R.K Nanda (Expert) 12 February 2013
he is wrong.
Advocate Ramesh (Expert) 12 February 2013
May I know whether criminal case is filed or not. If yes under what section it is filed.
Kalpesh Mota (Querist) 13 February 2013
this query resolved
Kalpesh Mota (Querist) 15 February 2013
thanks for being part of it.


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