Bhagyashri asked a question

For a divorce
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Category : Divorce

views: 784followers: 1 answers: 4

A girl have an boyfriend and girl click photos with him an wearing a mangalsutra and sindoor an other one photo both are warmala in neck but not married....her husband saw the photos an blackmail the girl for giving the mutual divorce other wise he expose the photos ,can the photos prove marriage was done or not.....can wife refuse the mutual divorce an claim for maintenance??? Please give me the answer

6 yrs ago
Advocate ATUL PATNI
Civil Law

There is presumption against that girl. But she can rebut the presumption by filing affidavit stating that she is not married. The girl can challenge the authenticity of that photographs. Husband might not have the negative of that photographs, by using these tactics you can create a doubt in the mind of judge and that would be sufficient for claiming maintenance. Revert me if you need any assistance.

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7 yrs ago
Advocate Sumant sudan
Alternative Dispute Resolution

Yes, these photographs do have a relevancy in your case and can also affect the same on merits in maintenance case as well if the husbands files an divorce petition on this sole ground itself (i.e bigamy, adultery etc)

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7 yrs ago
Advocate Yogesh Goel(Associate Member)
Alternative Dispute Resolution

A marriage cannot be proved on the basis of such photos only. The onus of proving second marriage is on your husband. You can refuse the mutual divorce and can claim maintenance. Whether you have married to other person or not is a matter of fact which is to be proved in trial after leading evidence.

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7 yrs ago
Advocate Pulkit Prakash(Associate Member)
Administrative & Public Law

To prove a marriage which has happened in actual there following proofs which is required -
1. Registration certificate of marriage, (if this is not available then)
2. Marriage Card and Marriage photo,
3. People who can authenticate that marriage actually happened in between the parties if the photos and card disputed.
In your case you are acclaiming that these are fake photos then you should not be worried about these photos. let the complainant come before court and prove that you were married to someone else as well besides being married to your husband. His case will fall on the face if he fails to prove that.
Over to this, law put a bar on all the Indian that they can't marry someone else during the lifetime of their partner. The fact that you are married to your husband and he is trying to manipulate you is itself a proof that your marriage is valid with your husband and not with your boyfriend which never happened in actual.

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