prosecution.
pratik
(Querist) 17 August 2010
This query is : Resolved
1) As the marriage was performed at church, you will be governed by Indian Divorce act.So which section says of the indian divorece act. also so can we say that if the the marriage is performed not in the church in any other place leaving church than indian divorce act is not applicable. So which section says.
2)I have heard yestarday for a police officer than if the FIR is registerd it remain vaild only for 6 moths for the date of the reistration. In any civil or criminal case including Cognizable offence & Non - Cognizable offence. SO pls clarify which section or case laws says also i have heard that if the offence is Cognizable offence in any civil case or criminal case than permission is not required to be taken for the police or the court to go out of india and if the anticipatory bail has been granted in Non - Cognizable offence than pls tell me if the party applies to the court than what is the maximum time the court can give to leave in abroad in any matter.As per which section or case laws.
3)prosecution has not done defence part properly in the case. So in this what is the meaning of prosecution where this word are also used under civil case.Becasuse i have heard that prosecution means behind the bars .
PLs tell me the answer .
Thanks In Advance.
Bidhan Dave
(Expert) 18 August 2010
1. As per Sec. 2 Indian Divorce Act is applicable if both husband & wife are Christian. You have not mentioned that you are Hindu or Christian. No section specify that Divorce Act is not applicable if the marriage is not performed in the church.
2. As per sec.468(2)(a) of Criminal Procedure Code the court will not take cognizance of a offense after six month if the offense is punishable with fine only.
3. You seems to be confused with civil & criminal cases. In civil cases, the terms cognizable & non - cognizable is applicable.
4. Only criminal court restrict the movements of the accused. The permission of the court is required,If the bail is granted with a condition which stipulates that the accused is not permitted to leave India without previous permission of the court.
5. The order of anticipatory bail has limited validity, which is either 90 days or till arrest. After arrest under order of anticipatory bail, the regular bail is required to be taken.
