494 applicablity in the light of gathered evidence, by the police

576 votes

Hi
The marriage certificate and receipt is invalid as it does not contain your signature.
So no worries,
Your husband's bigamy complaint will fail in the courts.
Even if priest comes and testifies in the court it will be invalid as the marriage certificate and marriage receipts do not contain your signature.
Just ensure that there are no Marriage photographs.

Advocate Rajagopalan LawRato

540 votes

Proof of burden lies on your husband to produce the evidence to prove his case. If the evidence is fabricated, then it’s the job of defence lawyer to rebut the evidence. If police are also involved in fabricating evidence then you can file a case against police by making private complaint to court under Section 195 as well as make a grievance to higher authority in the department. The audio recording of priest is permissible evidence in the court of law providing that court may order for the legitimacy of the recording. You have nothing to worry if you have not done anything wrong. Retain a competent advocate in your area you can try your husband and police under perjury if they produce fabricated evidence in court. Best of luck and stay safe.


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Advocate Sameer Hussain LawRato

993 votes

Hi,

Is the case still in the FIR stage or posted for trial? If the case is posted for trial, there is no option for you but to contest the case on merits. You need to rebut the allegations of your husband and cross examine him properly with regard to the marriage receipt, marriage certificate from an unauthorized temple and a forged letter given by your alleged second spouse and prove the same as false and fabricated in the court and also file all evidences available with you in order to bring the original facts before the court. Yes. the priest’s audio recording will be useful to you if you can establish that the voice in the audio is that of the priest's. However, if the case is still in the FIR stage, wait till the police files the charge sheet and contest the case when the trial starts.

All the best! Please feel free to contact me if you need any assistance.

Advocate B. Srikiran LawRato