ComplaintsU/Sec 125crpc and 498 of IPC
Rekha.....
(Querist) 19 August 2008
This query is : Resolved
Dear Sir/ Mam
I hv asked advise on 08/08/2008 from u for Complaints filled u/s125crpc and IPCu /s498.( Under the Subject Defence for Crpc Sec125 and IPC 498)
With all due respect I asked advise for the complaints filled under sec 125 crpc and 498 of IPC.U advised me to give full details of the facts so I m giving u the facts of the case in nutshell………The applicant stated in her application under 125Crpc that she is legally married wife of the opponent and her marriage performed accourding to Hindu rites on 9/12/2005 and marriage registered at the Registrar office of the Gandevi( name of Taluka) on 13/01/2006.Further She stated that she requested the opponent that she is willing to stay in joint family of the opponent. On 20/1/2006 she accopnied by the opponent to live in Bhanuwilla apartment (the residence of the opponent) at Valsad( District in south Gujarat). The opponent took her at the Hotel named Bhagyoday at Pardi( Taluka ) for a night stay and next day morning responded refused her to take to his residence at valsad and left her alone. The applicant further stated in the said application that when she reached her own at Bhanuwilla apartment (the residence of the opp.) in-laws demanded Rs. 1,00 000=00 from her as dowry and she refused to do so and In-laws physically harassed her and threatened to kill her and pushed her out of the residence and informed her that their son is going to marry NRI girl. The applicant further alleged that in- laws did not return her the photographs and certificate of marriage informing her that it is not with them but it is in Dharampur( taluka). They took her in the car with them to get her marriage certificate from Dharmpur. When they were in the middle of the Dharampur way In-laws stopped the car and pushed her out and abused her and slapped her. The applicant lodged the complaint U/IPC sec.498( C ),323,506(2) and 114 with the Valsad Police Station. As she attempted suicide and lodged the complaint U/IPC Sec 507 in Valsad Railway Police Station as she is residing with her parents in Railway Colony. The Opp. now released on a bail against the complaint of Sec 507.( pending)
All these facts r mentioned in the Application before the Hon’ble Railway JMFC at Surat.
Meanwhile she filed application for interim maintenance and Hon’ble court has allowed Rs.500 till the final judgment of the case.
She has also filed the complaint under Domestic Violence Act 2005 Hon’ble Court at Vapi and the complaint was dismissed on 15/05/2007 and she appealed the said order in the Hon’ble Court of Valsad District And Sessions Judge.( pending)
She has also filed the complaint U/IPC Sec. 229(a) and U/IPC Sec 507 before the Railway JMFC at Surat.( both r pending).
SHE has produced the following documents: 1)list telephone numbers on which threats given to her2)receipt of Hotel Bhagyoday 3)Memorandum of Marriage- in this names of the applicant and opponent are typed but Signatures are not there or not obtained only the Priest’s signature is there or obtained. Even the Signature of Registrar is also not on the form, No photos.
NOW WE have taken the defense in our every reply that the marriage has not at all performed and denied all allegations. Now on 26/08/2008 We hv to crossexamine the Registrar of the Marriage.
V r the group of Juniors Hiren Modi, Rekha Halpati , Neeta Prajapati,Rekha Mehta. Please Sir/Mam guide us in which type of questions V should ask. Please suggest the questions. Thank u very much. Anything more information required pl. inform us.
( The applicant is also a lawyer but now not practicing. She is hving 3 years of experience)
nitin
(Expert) 19 August 2008
dear rekha
well u have asked the question regarding the cross of the registrar of thr marriage
1 he might bring the register of the marriage at that point u can ask whether he himself has made that enteries
2 if not he personally dont recognise these persons
more over he is the formal witness only record is to be verified
deepak kumar
(Expert) 19 August 2008
there are two ways of cross examining the registrar
1) first approach relates to the fact if your client had actually performed marriage before the registrar
2) second approach which seems most likely is that your client did not marry before the registrar and in this case you will have to ask the registrar about the factum of marriage and if it is not performed before him then he will say so and this is an open and shut case as the registrar being a govt. official will not lie.
the real problem will be when your client actually married before the registrar and now he is denying the fact then your approach will have to be different and you will have to choose your questions carefully.
the scope of open forum like this is very limited so as to guide you about the nature of questions to be asked in false plea.
advocatesdiary.blogspot.com
Srinivas.B.S.S.T
(Expert) 22 August 2008
If the registrar brings the record with him and your client has actually signed on the register then the only option left with you is to put forth the suggestions that the signature and acceptance is not willful and your client is not the person who appeared before the registrar that too when the registrar has no personal knowledge about the registration of the marriage. You have only stated the case of the opposite party in your query but you have not mentioned what proof your client has in store to support his contention which you have mentioned in your query. TO be frank if the advocate who is conducting the case and in full knowledge of the case doesnt know what to ask, then how you presumed that any one can help you basing upon the half {in my opinion 1/4th} information provided by you?
