The wedding card is placed on record. It is at Exh.39. The said card shows that marriage between Sangita d/o Vitthal Trimbake and Suryakant S/o Ganpat Khandare is performed on 25/06/1988. There is no dispute that respondent No. 1 is daughter of Vitthal Mansiram Trimbake. The evidence of P.W. No. 2 Ambadas and P.W. No. 3 Bapu show that they attended the marriage between the petitioner and respondent No. 1. Their evidence further reveals that they were called to attend marriage by the present petitioner. One of the most piercing argument, which is advanced before this Court by the learned counsel for the petitioner is that according to respondent No. 1, the Priest, who performed their marriage is one Vishwanath Shankar Nande. According to the learned counsel for the petitioner, the said claim of respondent No. 1 has to be rejected on the face of Exh.56, the death certificate issued by Pune Municipal Corporation, which shows that Vishwanath Shankar Nande has died on 03/02/1986. Taking the clue from that date, learned counsel strenuously urged that the assertion on the part of respondent No. 1 that their marriage took place in the year 1988, is nothing but a falsehood. At the first blush, the argument is most appeallable, however, on the closure scrutiny, the Court has no option but to reject the said submission made by the learned counsel.
In the cross examination, a suggestion is given that Vishwanath Nande is dead. However, the said suggestion was denied by respondent No. 1. Very fairly, learned counsel for the petitioner has stated that Exh.56, the death certificate of one Vishwanath Nande was not confronted by the petitioner to respondent No. 1 when she was under cross examination. Since opportunity was not given to respondent No. 1 to place her view on the death certificate issued by Pune Municipal Corporation in respect of Vishwanath Nande. Further, there is no specific evidence brought on record that in the village Rashin, there was only one Vishwanath Nande. Further, the death certificate Exh.56 shows that permanent address of the person named in the said death certificate is at Bhimnagar, Shivaji Nagar, Pune. Therefore, it is really difficult to accept the submissions made by learned counsel for the petitioner about the death of the priest and that the said priest did not perform the marriage between the petitioner and respondent No. 1.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.301 OF 2001
Suryakant Ganpat Khandare,
VERSUS
Sangita Suryakant Khandare,
( CORAM : V.M.DESHPANDE, J.)
DATE : 17/07/2014
Citation: 2015ALLMR(Cri)1077
