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False case against me by my friend claiming to be my wife


11-Feb-2023 (In Family Law)
Facts - I Respondent(Hindu). I married one Nayanatara in 2001 and Mutual divorced in 2010. I married a teacher and living happily now. But in past, I was friends with woman_F somewhere in 2005-2006 . The woman_F filed RCR failed against me in 2012 for an alleged marriage of 2005 feb 13. It was ex-parte due to my great lawyer. Later she changed her version that we had a confirmation marriage again in 2011 Jan 11. The place of alleged marriage is north Karnataka villages where I never visited. She morphed few photographs and claiming both marriages took place. To make her case strong regarding 2005 marriage a hotel manager as witness of the case. They were telling that me and my family attended the marriage stayed in hotel etc and etc. My signature was forged in the bill. Several fake bills were produced and filed in court, as if a marriage took place. The confirmation marriage in 2011 Jan, She brought a priest as witness. It is a Lingayat custom. The change in version was d
Answers (2)

Answer #1
920 votes
Hi
If the marriage has been declared ex-parte, not sure how did F manage to file another suit or restore the earlier suit which was declared ex-parte.
there is no such thing as confirmation marriage.
If at all there was a marriage on 13 feb 2005, then there is no question of another subsequent marriage (irrespective of whether it is called confirmation marriage , traditional marriage etc)
your case can be easily dismissed as it appears that F is only creating evidences of hotel manager, priest etc
without realising the fact that with effect from 2006 onwards, the supreme court has made it mandatory to compulsorily register all of the marriages failing which the onus on proof of marriage is on the person making it.
It also looks like F is trying to frame you for bigamy(it appears she knows you are married to a teacher) and hence shrewdly submitting fabricated evidences to show as if you are married in 2005 and 2011 with F.
Answer #2
543 votes
Hi,
As per you version that you were friends with the women who has filed a case RCR and it was a ex-parte then the same you contest by filing the setaside petition and prove her that she is wrong . The signatures if it is not correct which you are sure then you can file section 45 of Indian evidence act petition and send the same to expert from the court and many things comes out in cross examination during trial.

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