IN THE HONBLE SUPREME COURT OF INDIA

APPEAL FILED UNDER ARTICLE134 OF THE CONSTITUTION OF INDIA

CRIMINAL APPEAL NO:____/2016

IN THE MATTER OF
Y. Narasimha Rao And Ors
...PETITIONER
VERSUS
Y. Venkata Lakshmi And Anr
...RESPONDENT

WRITTEN

SUBMISSION

ON

MEMORANDUM FOR THE APPELLANT

BEHALF

OF

THE

PETITIONER

Page 1

TABLE OF CONTENTS

STATEMENT OF JURISDICTION............................................................................................3
STATEMENT OF FACTS...........................................................................................................4
STATEMENT OF ISSUES..........................................................................................................6
PRAYER FOR RELIEF...............................................................................................................9

STATEMENT OF JURISDICTION

MEMORANDUM FOR THE APPELLANT

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The Honorable Supreme Court of India is vested with jurisdiction, to hear the present matter
under Article 134 of Indian Constitution.
Article 134 in The Constitution Of India 1949
134. Appellate jurisdiction of Supreme Court in regard to criminal matters
(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a
criminal proceeding of a High Court in the territory of India if the High Court has on appeal
reversed an order of acquittal of an accused person and sentenced him to death; or has withdrawn
for trial before itself any case from any court subordinate to its authority and has in such trial
convicted the accused person and sentenced him to death; or
(c) certifies under Article 134A that the case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub clause (c) shall lie subject to such provisions as may be made
in that behalf under clause ( 1 ) of Article 145 and to such conditions as the High Court may
establish or require
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear
appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in
the territory of India subject to such conditions and limitations as may be specified in such law

MEMORANDUM FOR THE APPELLANT

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STATEMENT OF FACTS
1. The
first appellant and the first respondent were married
at
Tirupati on
27.2.1975 according to
Hindu Law. They separated in July 1978. The appellanthusband filed a petition for dissolution of the marriage in the Sub-Court of Tirupati
stating that he was a resident of South Claiborn Avenue, New Orleans, Louisiana, and
that he was a citizen of India and that he and his wife last resided together at New
Orleans, Louisiana.
2. Subsequently petitioner being a foreign resident had made another petition for
dissolution of marriage in the Circuit Court St. Louis Country, Missouri, USA submitting
that he has been a resident of the State of Missouri for 90 days or more immediately
preceding th filing of the petition by refusing to continue to live with the appellant in the
US and particularly in the State of Missouri.
3. But from the averments made by him in the petition before the Sub-Judge, Tirupati it was
obvious that he and his wife had last resided together at New Orleans, Louisiana and
never within the jurisdiction of the Circuit Court of St. Louis Country in the State of
Missouri.
4. The respondent-wife filed her reply raising
her objections to the maintainability
of the petition. She also clearly stated that her reply was without prejudice to her
contention that she was not submitting to the jurisdiction of the foreign court.
5. The Circuit Court Missouri assumed jurisdiction on the ground that the 1st Appellant
had been a resident of the State of Missouri for 90 days next preceding the
commencement of the action in the Court. In the absence of the respondent-wife the
Circuit Court, Missouri passed a decree
for dissolution of marriage on the only
ground that the marriage has irretrievably down.Subsequent to the passing
of the
decree by the Circuit Court, Missouri,the appellant filed an application for dismissal of
his earlier petition before the Sub-Court of Tirupati and the same was dismissed.
6. Further the appellant had married appellant .2 as the marriage with respondant .1 has been
dissolved by circuit court. The respondant .1 have filed a criminal case under bigamy .

7. Hence the appeal

MEMORANDUM FOR THE APPELLANT

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STATEMENT OF ISSUES
The appeallant impugns two issues for consideration,
ISSUE 1:
Whether this matter can be try under Article 134 of Indian Constitution?
ISSUE 2:
Whether the evidence is admissable under the court of law ?

MEMORANDUM FOR THE APPELLANT

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WRITTEN PLEADINGS
IT IS HUMBLY SUBMITTED THAT,
Issue 1: Whether this matter can be subject Article 134 of Indian Constitution?
Contention:
It is humbly submitted before this Honorable Court that Article 134 of the Constitution of India
can be granted only when there is substantial question of Law arises.

Article 134 in The Constitution Of India 1949

134. Appellate jurisdiction of Supreme Court in regard to criminal matters
(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a
criminal proceeding of a High Court in the territory of India if the High Court has on appeal
reversed an order of acquittal of an accused person and sentenced him to death; or has withdrawn
for trial before itself any case from any court subordinate to its authority and has in such trial
convicted the accused person and sentenced him to death; or
(c) certifies under Article 134A that the case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub clause (c) shall lie subject to such provisions as may be made
in that behalf under clause ( 1 ) of Article 145 and to such conditions as the High Court may
establish or require
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear
appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in
the territory of India subject to such conditions and limitations as may be specified in such law

MEMORANDUM FOR THE APPELLANT

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Issue 2: Whether the evidence is admissable under the court of law ?

Yes the evidence provided by the appellant is admissable.under the provisions of civil
procedure code.1908.

13. When foreign judgment not conclusive.- A foreign judgment shall be conclusive as to
any matter thereby directly adjudicated upon between the same parties or between parties
under whom they or any of them claim litigating under the same title except,
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of
international law or a refusal to recognize the law of India in cases in which such law is
applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in India.

Section 14. of CPC 1908 Presumption as to foreign judgments.- The Court shall presume,
upon the production of any document purporting to be a certified copy of a foreign judgment,
that such judgment was pronounced by a Court to competent jurisdiction, unless the contrary
appears on the record; but such presumption may be displaced by proving want of jurisdiction.
Indian Evidence Act, 1872. Section 41-``Competentcourt''-Which is.
Section

63(1)(2), 65(e)(f), 74(1)(iii), 76, 77 an 86.Foreign judgment-Photostat copy-

Admissibility of.

Private

International

MEMORANDUM FOR THE APPELLANT

Law-Matrimonial

dispute-Recognition

of

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foreign judgment-Rules for recognition of foreign

matrimonial judgment laid down-Hague

convention of1968 on the recognition of divorce and legal

separations-Article10-

Judgment Convention of the European Community.

63. Secondary evidence.Secondary evidence means and includes
(1) Certified copies given under the provisions hereinafter contained1;1;"
(2) Copies made from the original by mechanical processes which in themselves insure the
accuracy of the copy, and copies compared with such copies;
(3) Copies made from or compared with the original;
(4) Counterparts of documents as against the parties who did not execute them;
(5) Oral accounts of the contents of a document given by some person who has himself seen it.
Illustrations
(a) A photograph of an original is secondary evidence of its contents, though the two have not
been compared, if it is proved that the thing photographed was the original.
(b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of
the contents of the letter, if it is shown that the copy made by the copying machine was made
from the original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary
evidence; but the copy not so compared is not secondary evidence of the original, although the
copy from which it was transcribed was compared with the original.

MEMORANDUM FOR THE APPELLANT

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(d) Neither an oral account of a copy compared with the original, nor an oral account of a
photograph or machine-copy of the original, is secondary evidence of the original. COMMENTS
Admissibility Application moved for permission to lead secondary evidence based on ground of
loss of document. Presence of document proved from the facts pleaded - Allowing secondary
evidence not illegal;1
Section 65 in The Indian Evidence Act, 1872
65. Cases in which secondary evidence relating to documents may be given.Secondary
evidence may be given of the existence, condition, or contents of a document in the following
cases:
(a) When the original is shown or appears to be in the possession or power of the person
against whom the document is sought to be proved, or of any person out of reach of, or not
subject to, the process of the Court, or of any person legally bound to produce it, and when, after
the notice mentioned in section 66, such person does not produce it;
(b) when the existence, condition or contents of the original have been proved to be admitted in
writing by the person against whom it is proved or by his representative in interest;
(c) when the original has been destroyed or lost, or when the party offering evidence of its
contents cannot, for any other reason not arising from his own default or neglect, produce it in
reasonable time;

Sobha Rani v. Ravikumar, AIR 1999 P&H 21. Tape-recorded statements are admissible in

evidence; K.S. Mohan v. Sandhya Mohan, AIR 1993 Mad 59. Certified copies of money lenders
licences are admissible in evidence; K. Shivalingaiah v. B.V. Chandrashekara Gowda, AIR 1993
Kant 29.

MEMORANDUM FOR THE APPELLANT

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(d) when the original is of such a nature as not to be easily movable;

(e) when the original is a public document within the meaning of section 74;
(f) when the original is a document of which a certified copy is permitted by this Act, or by any
other law in force in 1[India] to be given in evidence2; 1[India] to be given in evidence2;"
(g) when the originals consists of numerous accounts or other documents which cannot
conveniently be examined in Court, and the fact to be proved is the general result of the whole
collection. In cases (a), (c) and (d), any secondary evidence of the contents of the document is
admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of
the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may
be given as to the general result of the documents by any person who has examined them, and
who is skilled in the examination of such documents.
Section 74 in The Indian Evidence Act, 1872
74. Public documents.The following documents are public documents :
(1) Documents forming the acts, or records of the acts
(i) of the sovereign authority,
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, judicial and executive, 1[of any part of India or of the
Commonwealth], or of a foreign country; 1[of any part of India or of the Commonwealth], or of a
foreign country;"
(2) Public records kept 2[in any State] of private documents.

MEMORANDUM FOR THE APPELLANT

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Section 76 in The Indian Evidence Act, 1872

76. Certified copies of public documents.Every 1public officer having the custody of a public
document, which any person has a right to inspect, shall give that person on demand a copy of it
on payment of the legal fees therefor, together with a certificate written at the foot of such copy
that it is a true copy of such document or part thereof, as the case may be, and such certificate
shall be dated and subscribed by such officer with his name and his official title, and shall be
sealed, whenever such officer is authorized by law to make use of a seal; and such copies so
certified shall be called certified copies.Every 3public officer having the custody of a public
document, which any person has a right to inspect, shall give that person on demand a copy of it
on payment of the legal fees therefor, together with a certificate written at the foot of such copy
that it is a true copy of such document or part thereof, as the case may be, and such certificate
shall be dated and subscribed by such officer with his name and his official title, and shall be
sealed, whenever such officer is authorized by law to make use of a seal; and such copies so
certified shall be called certified copies." Explanation.Any officer who, by the ordinary course
of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such
documents within the meaning of this section.
Section 86 in The Indian Evidence Act, 1872
86. Presumption as to certified copies of foreign judicial records.The Court may presume that
any document purporting to be a certified copy of any judicial record of 1[any country not
forming part of India] or of Her Majestys dominions is genuine and accurate, if the document
purports to be certified in any manner which is certified by any representative of the 4[Central
Government] 5[in or for] 6[such country] to be the manner commonly in use in 7[that country]
for the certification of copies of judicial records. 8[An officer who, with respect to 9[***] any
territory or place not forming part of 10[India or] Her Majestys dominions, is a Political Agent
therefore, as defined in section 3, 11[clause (43)], of the General Clauses Act, 1897 (10 of 1897),
shall, for the purposes of this section, be deemed to be a representative of the 12[Central
Government] 13[in and for the country] comprising that territory or place].

MEMORANDUM FOR THE APPELLANT

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PRAYER FOR RELIEF

WHEREFORE, in light of the issues raised, arguments advanced and authorities cited it is most
humbly and respectfully requested that this Honble Court to adjudge and declare that:
1. To set aside the order Hon High Court and allow this appeal.
2. And pass any order that this Honble court may deem fit in the interest of equity, justice
and good conscience.

MEMORANDUM FOR THE APPELLANT

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And for this act of kindness, the counsel for the appellant shall duty bound forever pray.

SD/
(COUNSEL FOR THE APPELLANT)

MEMORANDUM FOR THE APPELLANT

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