Anantha Sowrya
(Querist) 21 December 2012
This query is : Resolved
498a case against me can was filed without marriage registration certificate and with no any material evidence for marriage.
Our marriage was not registered at all.
Initially IO said he got our marriage registration certificate to file the case.
Later filed RTI PIO, replied no any material evidence for marriage.
Case is 2 1/2 yrs. old We re still on Anticipatory Bail.
query: Is the IO right on his part registering 498a case without any marriage registration certificate
adv. rajeev ( rajoo )
(Expert) 22 December 2012
IO can register the case without marriage certificate.It is not mandatory. Whether you admits the marriage are not?
Guest
(Expert) 22 December 2012
I.O. can register the case even if marriage certificate was not produced. The question is not restricted only up to the marriage certificate, but whether the marriage was actually ceremonised or not. If actually not ceremonised, you should try to prove that in your own interest.
V R SHROFF
(Expert) 22 December 2012
Police can register 498 case.
There are no less than 50% marriages in India not registered as on today. Even MCD are allowed & decreed without Regn of Marriages. Marriage Registration itself is not compulsory in India.
You said " Our marriage was not registered at all" By declarinf so, YOU ACCEPTED YOUR MARRIAGE.
N RAMESH.
(Expert) 22 December 2012
I agree with Mr.Shroff
Sudhir Kumar, Advocate
(Expert) 22 December 2012
Agreeing with above advise I would advise you never said that you were not married to that lady. So marriage is there. So case is there.
You have applied for bail made RTI request. It is not clear what you have so far pleaded regarding marriage. if there is no marriage denial of the marriage at the first instance only then there will be need for such certificate.
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