Divorce laws
yatharhpan
(Querist) 22 March 2015
This query is : Resolved
My dad passed away recently. I am son of his first wife. His second wife died in 2013. Dad again got married through Mumbai marriage beuro and his wife, my second step mom stays in his residence.
Her intentions are to claim heavy maintenance and claim right in property held by my dad.
She keeps on demanding death certificate and marriage certificate.
Her first husband is Dubai resident. He came to sign divorce papers few days before marriage as part of formality demanded by marriage beuro. Now lady has become legal heir of our family and likely to claim her share in whatever is found to be in dad’s name.
What is my obligation towards her? Am I legally bound to give her maintenance? I doubt her first marriage separation to be of legal validity. She is found to be having valid Dubai visa expiring in 2016.
Can I demand following documents from her to prove legal status?
1) Indian court divorce decree.
2) Her immigration documents.
3) Any of the formalities needed to be followed before marriage as suggested by lawyers.
If she fails to produce can I proceed to prove her marriage illegal and strip her of any rights she is likely to claim?
Should I accept beuro’s marriage certificate signed present of lawyers to be of genuine and accept her as legal heir.
Sincerely seek Expert’s guidance in this regard.
Isaac Gabriel
(Expert) 22 March 2015
If your father died intestate,yourseld and the third wife have equal shares,if there is no issues through the second wife.Neverthless seeking the validity of the third marriage could be legally checked.
SAINATH DEVALLA
(Expert) 22 March 2015
The validity of the third marriage has to be ascertained.Mere signing of divorce papers by her original husband just before marriage is not valid for her to marry UR father.Divorce decree should have been obtained at least a day before her remarriage.How many children does UR father have?Only if her remarriage is legal only then she will get her share of the property.
Rajendra K Goyal
(Expert) 22 March 2015
Whether the divorce decree was passed before marriage with your father?
If she claims property, challenge her claim in the court on the basis of marriage legality.
