Defence for Crpc sec 125 and Ipc sec498
Rekha.....
(Querist) 08 August 2008
This query is : Resolved
Hello! Sir/Mam
Would u please advise me the case filed for above mentioned sections.
I hv to defence my client. The complainant fabricated the Certificate of Marriage. The fact of the matter is that my client never cohabited with the complainant a single day. She filed complaints under abovementioned Sections i.e. Sec 125 crpc and IPC Sec.498. Pl. advise me
anantha krishna n.v. Advocate
(Expert) 08 August 2008
is that your case that there was no marriage at all?
if so, what sort of proof she filed to prove the marriage? just disprove it.
your information is too scanty to advise.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, ananthcourt@rediffmail.com, 9246531895)
kumar sachin
(Expert) 09 August 2008
please place a detailed fact sheet of the case
K.C.Suresh
(Expert) 09 August 2008
Dear Rekha, Go through your querry as a reader who is not acquinted with the case. You yourself will feel it as insufficient information. But the subject of going together 125 and 498 is accademical. Give more details so that we can go deep into it. Awaiting your side.
Srinivas.B.S.S.T
(Expert) 09 August 2008
To institute cases under both the sections mentioned by you. A valid marriage between parties is necessary. Mere non-cohabitation would not amount to dissolution of marriage but it can be treated as a ground for divorce as the same amounts to cruelty. But if you think there is no valid marriage then you can go for quash proceedings, if you can prove your version. Any how as my friends rightly opined try to give fuller details if you want any proper advice from us.
KANDE VENKATESH GUPTA
(Expert) 09 August 2008
Rekha Madam,
Marriage is a fact. It is a question of fact. It is to be proved by the person who is supporting the existence of a valid marriage. Marriage can be either ceremonial marriage or by a registered marriage. According to you, the certificate of marriage is fabricated. You can establish in the court of law that the certificate of marriage is fabricated by eliciting true facts in the cross-examination of the witnesses produced by the woman who claims to be the wife of your client. You can also summon the person who is said to have issued the Certificate of Marriage by filing an application before the court and elicit from him that the certificate is not validly issued by him and the same is fabricated one, and your client has nothing to do with the issuance of the said certificate i.e., his signatures were not obtained in the register to be maintained or his photographs were not affixed in the register.
Your question is self contradictory. You are stating that your client never consummated with the lady. If you are challenging the very existence of marriage, you should not take the plea of non-consummation of marriage, because it will creates a doubt in the mind of the court, as the court may presume about the existence of valid marriage. You can take any number of pleas in support of your defence, but all the pleas must go together they should not run contrary to each other. You have to take only one plea i.e., There is no marriage at all, OR marriage is not consummated. If you take the second plea, your client will be treated as the husband and he has to suffer the consequences under the law
deepak kumar
(Expert) 09 August 2008
if there was no marriage and the marriage certificate is fake then you have to prove only this. without any marriage no offence under above two sections are attracted.
advocatesdiary.blogspot.com
ESTHERPRIYA
(Expert) 09 August 2008
Section 498 relates to an offence of Enticing or taking away or detaining with criminal intent a married woman. For this the girl is a married woman and wife of other is alone required. Your case will not be a good case untill you prove that she is an unmarried girl and the above section does not applies in the case. The burden of proof is on yours to convinces the Investigating Officer. Still the charges can be amended to include kidnapping in such cases.
