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Deepak Aggarwal   07 December 2018

husband denying marriage

my husband is denying marriage....
I don't have ration/VID/marriage certificate of his name.
only in his medical insurance I am mentioned as spouse.I have a son ,but in his birth certificate his full name is himanshu Kumar Sharma .where in his document everywhere it is himanshu only.
please guide. court is demanding marriage proof


Learning

 11 Replies

Vijay Raj Mahajan (Advocate)     07 December 2018

Marriage photographs/vedios, eye witnesses of marriage ceremony like relatives, wedding card, etc.are good evidences for showing and proving marriage in the court.

G.L.N. Prasad (Retired employee.)     07 December 2018

File RTI Application to the insurance company that issued medical insurance and obtain copy of proposal submitted by your husband.  Even if it is a private limited company you can seek a copy of that as you are the beneficiary.  You recollect where you have been residing whether neighbours have taken photos or your visits to other places including CCTV footages, travel tickets etc.  There is no need for full name in birth certificate of your son, and you can even demand for your son's medical examination for comparing genes of your husband.  If you are having a son, it means that you were together for more than one year, and it is likely that he has signed such documents to hospital authorities as husband during your delivery or applied for birth certificate as father etc.  If it is not possible, and if you are not competent to obtain this information, entrust this to a Detective Agency and get those proofs.  It is difficult but there are innumerable possibilities.

Suri.Sravan Kumar (senior)     07 December 2018

is it a private insurance company or public sector insurance Company? Based on your answer I will give advise.

Deepak Aggarwal   07 December 2018

private ins. cmny

Suri.Sravan Kumar (senior)     07 December 2018

RTA Act is not applicable to private insurance Company. You can file petition in the court to summon the Insurance Company to produce the proposal form signed by him. If it is not possible you have to produce the photos, video and examine the photographer/videographer the marriage hall Manager as well as eye witness who attended and witnessed the marriage.

G.L.N. Prasad (Retired employee.)     07 December 2018

Even if it is a private insurance company, each beneficiary is provided ID card for cashless treatment and you can address a simple letter seeking such ID Card if you have not received it so far.  By addressing a simple letter seeking copy of such policy and application you may take a chance.

Shashi Dhara   07 December 2018

Insist for DNA test for son paternity.

Kumar Doab (FIN)     07 December 2018

Attempt to collect all relevant information/evidence to convince the court, that you were married, as husband and wife and marriage was properly solemnized.

IN case of private establishments RTI thru regulator might succeed.

Your own counsel is to help and guide you.

Neverthless, Court may agree to summon all relevant record from establishments.

Kumar Doab (FIN)     07 December 2018

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife), RTI activists  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 

There are many queries from various prespecyives at LCI that you can search using SEARCH option in threads, articles, Files….and you can pick up relevant points and prepare to defend e.g;

Article under my profile;

 

“Child born from arrangement other than marriage has no right on Hindu Father's property!”

 

Your own counsel can help and guide you to handle the matter.

Siddharth Srivastava (Advocate)     07 December 2018

you can produce photographs of marriage, witnesses who attended the marriage, marriage card and can even for DNA test of your son also. the law says that if a man and woman are living together then presumption is that they are husband and wife.

Dr J C Vashista (Advocate)     08 December 2018

The marriage was solemnised/ contracted under Hindu Laws, Muslim Laws, Christian Laws ?

If there is no documentary evidence, there would be some person(s) attending this marriage ?

If none was present in the so-called marriage, how come you have been claiming / cohabiting with the man, where from you have a son ?

 


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