Evidance
B Pradhan Singha
(Querist) 28 February 2013
This query is : Resolved
Dear All,
I have a case against my in-laws u/s 365 & 366.
My wife statement(164 crpc) that she was forced to sing in the registration book, which was conduct before a marriage register under special marriage act,
She stated that, we had given her medicine with food and because of that she was mentally blank at the time of registration. she was 28 at the time of registration. But they had made no FIR against me for such false claim. Its already one year passed.
Is their any process before the court to examine her signature in the registration certificate which will established her normal mental status at the time of signature and will established that what she said is false and purposive to save her 2nd marriage life.
actually she get married further under muslim marriage act without given me divorce.
Is marriage register witness is sufficient against her claim.
Thanking you
Shashikant V. Patil
(Expert) 01 March 2013
If the registration of marriage executed under Special Marriage Act, then also, two witnesses could have present and signed. They are the key witnesses to tell the truth and real facts.
Raj Kumar Makkad
(Expert) 01 March 2013
The plea of your wife is not legal and her signature before the registrar are material to deny her false claim. You can very well get compared her original signature with those signature.
Anyway, it seems that she is not meant for you if she has been got married a year ago from today immediately after forceful separation from you.
B Pradhan Singha
(Querist) 04 March 2013
Thanks for your valuable reply...
But she claim that, she was kidnapped and keep confined by me in my house and was influenced with intoxication to sign in registration form.
So, I want to know that, is their any scientific process, by which means, it can be established that her signature in the certificate, as verified with the current signature, didn't state her intoxication status on that time.
If so, then I will ask to the court, to go through this process.
I am in fear, I have an audiovisual recording, which was recorded post marriage when she was in our house, and in this video, her free movement and self desire staying with us nay established. may i should it use as evidence?
I also have some text Message from her own number (currently this cell is in with me, as she left it at the time of forceful separation) and Manny written letter where she want me as her husband and want to stay with me through out the life. Is this purposive for this case?
From a reliable source, i get informed that she get divorced from her 2nd husband. Currently they denied to give mutually divorce but threatening to claim maintenance if i file divorce.
I have no proof of her 2nd marriage. she also denied it before the court.
I am totally confused what to do.
prabhakar singh
(Expert) 04 March 2013
"She stated that, we had given her medicine with food and because of that she was mentally blank at the time of registration. she was 28 at the time of registration. But they had made no FIR against me for such false claim. Its already one year passed."
THEN IT IS NOT A CASE OF ANY SIGNATURE COMPARING.
THE BURDEN IS ON HER TO ADDUCE EVIDENCE THAT SHE WAS ADMINISTERED SOME INTOXICATED DOZE OF MEDICINE WHICH KEPT HER UNAWARE WHAT SHE WAS DOING.
SHE IS REQUIRED TO BE CROSS EXAMINED THOROUGHLY AND INTELLIGENTLY.
MARRIAGE REGISTRAR IS AN INDEPENDENT OFFICER,WHAT HAS SHE SAID ABOUT HIM?
"So, I want to know that, is their any scientific process, by which means, it can be established that her signature in the certificate, as verified with the current signature, didn't state her intoxication status on that time."
NO!THERE IS NONE.
"I am in fear, I have an audiovisual recording, which was recorded post marriage when she was in our house, and in this video, her free movement and self desire staying with us nay established. may i should it use as evidence? "
YOU MUST USE IT AS EVIDENCE AGAINST HER.
"I also have some text Message from her own number (currently this cell is in with me, as she left it at the time of forceful separation) "
YOU CAN USE THOSE SMS IF SAVED ON YOUR CELL
AND IF HER CELL'S SIM IS IN HER NAME BUT YOU SHOULD NOT ADMIT HER CELL'S CUSTODY SHE LEFT ON SEPARATION.
"and Manny written letter where she want me as her husband and want to stay with me through out the life. Is this purposive for this case?"
YES! YOU CAN USE THESE TOO.
B Pradhan Singha
(Querist) 04 March 2013
Thank you very much Sir...for your details reply.
