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bobby_mvdr (n/a)     20 August 2009

Need advice on validity of second marriage and rights

Hi All,

I am looking for some help and advise on my issue.

I was trapped into a second marriage by making me believe that the first wife is dead. My marriage was registered and after living together for 6 years my husband expired. Now i am approached by his so called first wife claiming rights on the property. The so called first marriage is not registered.

Please help me with any suggestions that can help me in protecting my rights. if any case laws that favour my case will be very helpful.



Learning

 6 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     20 August 2009

You not furnished details of legal heirs of that first wife's branch and about you

Get details of Legal heir certificate of your husabnd. Though it has no evidentary value before court of Law, it can be useful for mutuation of revenue records in your name.

Those record may be a evidence for you..

N.K.Assumi (Advocate)     20 August 2009

Dear Ganesan, after six years the first wife is appearing like a Ghost and claiming as the heirs of the deceased why? Should any court allow such claims? What was she doing when the second wife married the deceased in good faith? Dont you think that the doctrine of estopel arises in the case? The claim of ther ghost wife should be refused. She can not be a wife only to claim the property of her husband forgetting her marital duties and responsibilities. Rather criminal case should be instituted aginst the ghost wife.

Deekshitulu.V.S.R (B.Sc, B.L)     20 August 2009

As far as law is concerned the 2nd marriage is nullity, provided the 1st marriage is proved.

Secondly, the claim will be with only the 1st wife, though you call her a ghost wife, or a person of reckless character and that she did not mind about the husband for such a long time.

Legality is different from morality.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 August 2009

If you are register your marriage 6 years ago and live with him continousely then law is in your favour. There are many possiblities, noone can appear at any time and say i was the wife of decease, First of all she has to prove and even if she proves then why she kept silence for long 6 years.

No doubt law is in favour of first wife but it may be possible that there may be a mutual divorce like marrige or may be there is no such marrige.

Ms. bobby you have to get a succession certificate and if the other wife make any objection then she has to prove and you may also file a criminal proceeding of cheating etc.

Your further clarification is welcome at nominal fee at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards

bobby_mvdr (n/a)     20 August 2009

Thanks a bunch for everybody for providing valuable advise. I heard there supreme court has given several judgements giving rights to the second wife on property of the deceased husband. Can anyone provide me the details of such cases.

 

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Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     22 August 2009

If you will opt the way as second wife then you will not get anything.

Your further clarification is welcome at nominal fee at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

CHANDIGARH (INDIA)

We also have branches all over India.

With Regards


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