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raj (operator)     13 July 2016

Marking document as exhibit

Hai Sir/madam

in my 498a case a temple marriage certificate (EX-P2) was marked by the (PW4)Assistant Executive Officer of the temple along with his evidence deposed as he was working as AEO from about 10 years in the said temple and he issued the said attested 2nd marriage certificate to the police

but the EX -P2 certificate's attestation was showing as i/c PA to EO and the signature  was completely different as seen from his examination in chief and the attestation how can i challenge this that he not signed it and he is intereted witness and its not a valid document

pls guide me my case is in the end of trail



Learning

 8 Replies

Pawan S (Advocate)     13 July 2016

Signature won't matter if PW4 has admitted the facts.

raj (operator)     13 July 2016

He has admitted in his chief that " I GAVE THE SECOND MARRIAGE CERTIFICATE OF A1 TO THE POLICE, EX P2 IS THE ATTESTATION CERTIFICATE" Iam maintaining the records of the temple,, the certificate marked as EX P2 consists of corrections and the person attested is the I/ C PA to EO and not the person who desposed in the court is. AEO In the certificate marked it shows that it is permission to perform marriage in the said temple does the admission of PW4 enough to convict the accused, Kindly let me know what defence for me sir

Pawan S (Advocate)     13 July 2016

Provide me the complete details start from the beginning.

G.L.N. Prasad (Retired employee.)     14 July 2016

Those questions oughht to have mattered most  must put during cross examination to the officials, After cross examination, you are yet seeking guidance., if the marriage is over and there are evidences after that, in what way you wanted to qush the certificate and how it helps your case.  Focus on main issue, do not distriact attention to minor issues, after closure of that particular issue.  How you can better your chances  now is important.

raj (operator)     14 July 2016

The status is now opened for cross examination this monday

raj (operator)     14 July 2016

Respected Forum/ekta A complaint was registered on A1 to A4, me father, mother, brother under 498a, 3&4dp act Allegations are my (LW1s) father gave 1 lakh Rs stridhan, after three years gave 3 lakh rs for business purpose again my husband demanded me to sell away land which is given by my father to me and bring the sale consideration, I have informed the same to my inlaws they to supported A1 if Iam not fulfill A1 Demand they will perform another marriage. To A1 with lady ppppp, on enquiry I came to know. That the parents of A1 performed marriage of A1 wth pppp on date dddd at temple tttt, my parents questioned A2 to A4 abt the 2nd marriage, they admitted and gave negligent answers and stated to do whatever we can do. Hence the case POLICE registered the case and investigated the case and recorded 161 statements of LW1 TO LW4 Relatives of LW1, LW 5 PA to EO of the temple were 2nd marriage performed LW6 Purohith who performed the alleged marriage LW7 brother of 2nd married girl LW 8&9 are investigating officers Police also filed the marriage certificate of 2nd stating duly attested by LW5 in the list of witnesses Chief and cross of LW1 to LW3 completed LW 4 & LW6 Closed due to no serving of summons LW5 examined in chief as PW4 and marked the marriage certificate as EX-P2, and was reopened for cross on 18th this month is the present status now Coming to the 161 Statement dated 30 June of LW5 Iam PA to EO of the said Temple on 26th June one ASI police came to our temple and said one A1 of our case has married 2 nd time without giving divorce in your temple dated 1, I verified the records and informed him that it was performed and gave the xerox copy of the certificate and stated him will bring the original at the time of trail, signed by the ASI Dated 30th june Examination in chief of LW5 as PW4 Iam working as AEO from 10 years ago, Iam maintaining the records of the said Temple, on Monday one ASI of X place came to our temple and asked whether A1 of our case has married in your temple, I verified the records and informed him that the marriage of A1 with a lady x was performed on 1st April, I gave the 2nd marriage certificate of A1 with lady X?, EX--P2 is the attestation of the certificate, I was examined by the police CONTENTS OF EX-P2 DATE & TIME OF MARRIAGE DETAILS OF BRIDE & GROOM PASSPORT PHOTOS OF BRIDE & GROOM & SIGNATURES, SIGN OF Purohith(LW6) & sign of temple clerk Sign of A2 & LW7 CONFIRMING THE DETAILS FURNISHED ARE TRUE AND PERMISSION GRANTED TO PERFORM THE MARRIAGE IN THE TEMPLE RECEIPT NO..,.... (with corrections),,??DATED 2ND APRIL corrected as 1st April Signature of the EO of temple was blank, bottom of the page is attested by I/C PA to EO dated 30 june, beside this sign initials were observed dated 29th June. I want to defend the EX-P2 as not valid can experts give me grounds to defend and legal decissions on this

raj (operator)     14 July 2016

My contention is that no such marriage was performed by A1 A1 to A4 were examined under 239 Charges framed as below FIRSTLY YOU A1 to A4 PRIOR TO THE PRESENT RESIDENCE and you A1 BEING THE HUSBAND OF LW1 SUBJUCTED TO CRUELTY AND HARASSED HER MENTALLY AND PHYSICALLY SUSPECTING HER FIDELITY AND NECKED HER OUT OF THE HOUSE?, hence 498a LASTLY YOU A1 to A4 BEAT THE LW1 HENCE 324IPC

raj (operator)     15 July 2016

Respected ekta, waiting for your reply

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