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Army record office nominee issue

(Querist) 15 June 2013 This query is : Resolved 
Hi Sir,

My Father had two marriage. first wife left 2 months after marriage without divorce and maried with another man and having 4 children however she is taking pension on the death of her husband . So problem is that my father has mention first wife name in army record office. when i enquired in record office they said that they need divorce certificate of first marriage then only they can change nominee name as second wife. so i went to my father first wife and exlain the things, but she is saying that she did not marrire with my father.It is good if she is saying that she not married but only problem is that her name is mention in record office which i want to delete and army office want court document. what i need to do.

I need your help.



Regards,

Vaishali
Sudhir Kumar, Advocate (Expert) 15 June 2013
no way. It is you father who mentioned that she was his wife. She will never agreeing having married your father as her 2nd marriage will be null and void and she will loose the pension which she has.
Sudhir Kumar, Advocate (Expert) 15 June 2013
How many threads you will have for the same query

http://www.lawyersclubindia.com/forum/details.asp?mod_id=82695&offset=1#.UbyK39jQzmk

http://www.lawyersclubindia.com/experts/Army-record-office-nominee-issue-399851.asp

http://www.lawyersclubindia.com/experts/Change-nominee-name-in-army-pension--392331.asp

http://www.lawyersclubindia.com/forum/details.asp?mod_id=82695&offset=1#.UbyK39jQzmk


You have not stated in any thread if your father is alive.

Raj Kumar Makkad (Expert) 15 June 2013
I shall not reply against a repeated query.
Vaishali Patil (Querist) 16 June 2013
Thanks Sudhir Sir,

My father is alive and 70 year old. It is good for me that she is saying not married with my father . but only problem is that my father has mention her name in record office and also submitted marriage card as proof but apart from that proof there is no any official record for his marriage in gram panchayat or any other else. When i inquired in army office to delete 1st wife name but they are saying without any court proof they can not delete her name. Now i want to show that my father first marriage was false. can you please let me know what i need to do for the same.

Regards,
Vaishali

Sudhir Kumar, Advocate (Expert) 16 June 2013
your father's declaration to Army is there. What more proof do you think that Army should need for recording her as his wife.

Army Authorities are perfectly right that without divorce deed they are not going to change the record.

How do you prove that his first marriage was false. That lady will not cooperate with you at all.

You are all lucky and must be thankful to that lady that she did not report bigamy against your father while he was in service as he could have been kicked out without pension and you would have been feeding him now.
Vaishali Patil (Querist) 16 June 2013
Thanks for reply sir,

First wife left my father after two months of marriage and she has already relationship with another person whom she got married after six month. however after breakup of first marriage my father married my mother after 10 years. Anyways first wife is saying that the marriage was not true because she does not want to loose her second husband pension. So just want to know that is there any process where i can prove that first marriage was void. so i can delete first wife name.

Regards,
Vaishali


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