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Soma (ta)     25 September 2012

Regarding crpc 125

My sister-in law filled cases against my family under crpc 498a and 125.But we got know that she has not provided any marriage registry certificate while filling the cases.

I want to know how important is marriage registry certificate in this 2 cases.



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 4 Replies

Bhawani Mahapatra (Law Officer)     25 September 2012

Dear Soma

I am still unable to understand how your sister in law filed case u/s-125 Cr.P.C.

However so far as the marriage certificate is concern : for the purpose of a proceeding u/s 125 Cr. P.C, strict proof of marriage is not necessary & one can proceed the case without filing marriage certificate.

But for a case u/s 498A, strict proof of marriage is necessary, (but marriage registration certificate is not mandatory). There are various way to prove the marriage.

stanley (Freedom)     25 September 2012

Its not mandatory to provide marriage certificate while filing cases . 

CRPC 125 she has filed in the court is for maintanence .

498 A is a case of harassment for Dowry .

Whats your point and what do you want to prove with a marriage certificate.Do you want to say or prove that the marriage is void . She can very  well file an affidivat that she is married and later on sumbit the marriage certificate if called for .   

Soma (ta)     25 September 2012

Bhawani,

  As you said "I am still unable to understand how your sister in law filed case u/s-125 Cr.P.C.". Just for curiosity what made you ask this question


(Guest)

U/S 125 CRPC, Your Sister in Law has all the rights to claim the maintenance from Her Husband.

The Marrige certificates or any other Proofs can be submitted to court on demand.

Sometimes the court may not give much weightage to the Marrige Registration certificate, In India, Still most of the people do not get there marrige registered. A Marrige card or Marrige Photograph is sufficeint proof to conclude marrige, Unless and Until Prove contrary.

For 498 A apply for a Bail at earliest. Otherwise, this will haunt you and your family for ever.

If you have good proof that the case is false, You can move the high court for Quashing U/S 482 of CRPC or you can move High court in Writ Petition Under Article 226 to stay or Quash the FIR.

Please note once the maintanence is granted U/S 125 CRPC, your brother will have to pay it, till the time your Sister in law gets remarried.


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