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Lady living in relation can use male partner name as husband

(Querist) 28 January 2017 This query is : Resolved 
Dear Experts,
My query is that my father is living in relation
Guest (Expert) 28 January 2017
If male partner does not have any objection, how that makes any difference for you?
harshit singh (Querist) 28 January 2017
With a lady since long time .He has a son with that relationship. That lady is using my father name as a her husband name in all documents.
I have a concrete evidence to prove that she is using my father name. That lady and her son is still living with my father. My father is living with lady before the death of my mother.
I don't have any ceremonial evidence of the marriage. In all documents of my father like ration card her name is written as wife. she is nominee as a wife in all the bank accounts and lic policies.
Please suggest me what can I do with these circumstances.
It is very difficult to prove bigamy in court in absence of ceremonial evidence.
Regards,
harshit
Guest (Expert) 28 January 2017
Simply forget it, if you don't have the answer to my question, "if male partner does not have any objection, how that makes any difference for you?"
Guest (Expert) 28 January 2017
Dear mr.harshit singh since your father ia a widower he can not have Legal objections for this.If that lady is also widow then absolutely No problem.If she is Not a widow or not obtained Legal divorce from her husband the Legal objection could be made with the Co operation of her husband.What ever it is her son can not Post any where as Son of your Father and it would be Illegal.Better Consult a Local Good Advocate to protect the Finance and Properties of your Father and Mother in a Polite manner with your Father and your Father should not know that you are seeking guidance of an advocate which might provoke him.Take care and all the best
Guest (Expert) 28 January 2017
If the Boy is your father's son only and that lady is your Father's Wife No objections Could be made.Rightly Advised by Senior Advocate/Senior Expert Mr.P.S.Dhingra
Ms.Usha Kapoor (Expert) 29 January 2017
Agree with experts.
Sudhir Kumar, Advocate (Expert) 29 January 2017
You have clearly intimated that marriage never took place.

Is this for you to object or by your father.

Your mother could have object she is no more.
Kumar Doab (Expert) 29 January 2017
What exactly you want to achieve?

Your father can remarry after death of his 1st wife, if she is single (unmarried/divorced).
The son from said lady is son of your father.

If the estate/property of your father is self acquired then he can dispose it in his life time by a valid deed/WILL in anyone’s favor.
The nominee is just a hand to receive the proceeds and has to pass the share to legal heirs of deceased.

So your father’s son from said leady is eligible to get a share, like you if your father dies without disposing his estate in his life time by a valid deed/WILL in anyone’s favor.


What is your age?
What are you doing?
Are you dependant on your father?
Is your father not maintaining you?


You have posted that the marriage of your father with said lady, did not take place.
Adv. Yogen Kakade (Expert) 29 January 2017
I agree with Mr. Doab. Answer the questions asked by him to get proper help.
harshit singh (Querist) 29 January 2017
Dear Doab sir,
I am not dependent on my father. I have no information for ceremony took place or not. That lady living with my father before the death of my mother.
Son also born before the death of my mother. That lady well known to my relatives and good relations is maintained with my relatives. That lady attending all the family functions with my father. Because my father living with that lady. All the relative giving value to her . Now no body wants to have relation with me.
I didn't did anything wrong. But I am facing lot of problems in society.
I want to do some thing legally.
Please help me.
Regards,
Harshit

Ms.Usha Kapoor (Expert) 30 January 2017
AGREE WITH DOAB.
Rajendra K Goyal (Expert) 30 January 2017
You have a weak case in your favor, try to forget / adjust with the situation.

Miyan Bibi Raazi, kya karega Quazi.
Kumar Doab (Expert) 30 January 2017
Thanks for agreeing Mr. Yogen Kakade.
Guest (Expert) 30 January 2017
Dear Mr. Harshit,

Your own realisation that "lady well known to my relatives and good relations is maintained with my relatives. That lady attending all the family functions with my father. Because my father living with that lady. All the relative giving value to her . Now no body wants to have relation with me." should be a turning point for you.

When every one of your relatives have recognized that lady as a part of the family, you may also try to adjust yourself with your father and his lady.

Even otherwise also, you can't compel separation of your father from that lady, may be as husband and wife or friends. Only your mother had a right, but she is no more.

You may better enjoy with your own family. Let your father live with whomsoever he wants to live.

Kumar Doab (Expert) 30 January 2017
Thanks for agreeing Ms. Usha Kapoor.
Kumar Doab (Expert) 30 January 2017
The good thing about you is that as posted by you: 'I am not dependent on my father.'.



Focus on your future and career.

Establish yourself.



From your name it is guessed that you are Hindu.


The son from the said lady although not born from legal wedlock is son of your father.


Your father can not marry during subsistence of 1st valid marriage with your mother, so even if some marriage ceremony took place with the said lady the marriage would be illegal.



Your father can remarry after death of your mother.


If your father remarried after death of your mother with the said lady then the lady is your step mother.
Kumar Doab (Expert) 30 January 2017
If your father is guilty of some act e.g; misconduct in case of say a government servant................. then you can report it.



Your local counsels at your location can advise you in person in detail.



Had he married after death of your mother, it would have been different situation.




Frankly speaking your view is not objectionable: as your father's conduct is immoral and he was into illicit relationship while he had a living ( legally wedded ) wife that gave birth to his son (you) and extended his family.



He has displayed loose and abusive character.


If you have NO greed for his estate,


If you are hurt, since your mother was badly hurt,


and If your own conscience permits you may go visit your own counsel and at your own location, in person and understand the merits and remedies and options and take a qualified decision to act or not to act.


harshit singh (Querist) 30 January 2017
Thanks to all the experts for your valuable suggestions.
Kumar Doab (Expert) 30 January 2017
You are welcome.
Dr J C Vashista (Expert) 01 February 2017
@Harsit Singh,
Despite the fact that experts have replied your query/question/debate yet I could not find what is your query/question/dispute?
Sudhir Kumar, Advocate (Expert) 01 February 2017
Sorry for your story.

You do not have any legal solution atleast at this stage.

Problem is more social.
Rajendra K Goyal (Expert) 01 February 2017
Agree with the expert Sudhir Kumar.
Kumar Doab (Expert) 01 February 2017
Focus on your future and career.

Establish yourself.
Hemant Agarwal (Expert) 15 February 2017
"harshit singh" :

IF you are looking for "some other type of solution", to set right a Social & Family problem:

1. File a grievance petition against the Father's property, for his perverted sexual advances, illegitimate relations and claim stake on his property.

2. In the court put him on defensive on his illegitimate Wife claims and his illegitimate Son claims and your own legitimate status in Society.

3. File Restraining Petition before the local civil court, against the so called "illegitmate Wife" for her false and illegal claims of "wifery" and other social claims and name of father.

4. File Criminal proceedings in the local criminal court against the so called "illegitmate Wife" for her false and illegal claims of "wifery" and other social claims and usage of father's name and family surname, which is criminal misrepresentation, cheating etc.... With a little legal twist of an experienced lawyer, you will be able to relieve your anguish.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest (Expert) 15 February 2017
Mr.Hemant Agarwal Why are you Misguiding/Misleading an Innocent Querist/Author with your Advise which would Not Fetch Any Legal Result.All the Senior Advocates/Senior Experts Mr P.S.Dhingra Mr.Kumar Doab, Mr.Rajendra K Goyal, Dr.J.C.Vashista,Mr.Sudhir Kumar had Provided a Practical Advise.Please Do Not Mislead an Young Innocent Querist with your Misleading,Misguiding,Immatured.Ignorant and Illiterate Advises Please.Ultimate sufferer would be the Innocent Querist/Author.
Guest (Expert) 15 February 2017
The advice of Shri Hemant Agarwal, "Keep Smiling" of course is appreciable. But, if the querist ventures to file a criminal case against his father, he is sure to forget his smile.
Guest (Expert) 15 February 2017
Well Advised by Senior Advocate/Senior Expert Mr.P.S.Dhingra Ji
harshit singh (Querist) 15 February 2017
Dear Experts,
Meanwhile, I have sent Legal notice through lawyer to my father for marrying illegally ,during lifetime of my mother . In his reply through lawyer , he said that he married that lady on 2nd January,2016 after the death and got registered on 13th January,2016. He told about the son that he is not his son , he gives only his name to that boy so, he is using his name as father.
I have lic policy no . of my father , in which that lady nominee as a wife , policy issued before the death of my mother , voter id of that lady and son. Name of both in my father’s Ration card. Lic policies of that lady in which my father is nominee as a husband.
Can I asked that lady about using my father name before 2nd January as a husband. Now I can do some things legally or not against my father and that lady.

Regards,
Harshit

Sudhir Kumar, Advocate (Expert) 15 February 2017
you have already moved on.

Good luck.
Guest (Expert) 16 February 2017
Mr.Harshit Singh Though I Appreciate your Efforts.But An Objection to Second Marriage of Husband Could be Made Only by First Wife and Not the Children.Children could Only Claim Maintenance if they are Not ready to Live with him.
Guest (Expert) 16 February 2017
Refer the Supreme Court Order of Bench Honorable Justices K.S.Radhakrisnan and A.K.Sri
Guest (Expert) 16 February 2017
Honorable Supreme Court Bench Dismissed the Orders of Tribunal Court awarding 10 years Rigorous Imprisonment Confirmed by Gujarat High Court.It is in the Case of Husband having an Extra Marital Affair for which the Wife had Committed Suicide.
Guest (Expert) 16 February 2017
Honorable Supreme Court Bench had also Said "If the marital relationship is Strained for such Reasons the Wife could claim maintenance".And the Husband was Released in this Case.
Guest (Expert) 16 February 2017
Mr. Harshit,

You may continue to make futile exercises, if mistakenly your father has replied your lawyer's notice, while he was not obliged to respond to your notice, as you did not have any locus standii in the personal affairs of your father, even if he made marriage with another lady after your mother's death. You may better remember, you can't step in to the shoes of your mother or use her rights, as she only could challenge the affairs of your father.
Guest (Expert) 16 February 2017
Once Again Well Advised by Senior Advocate/Senior Expert Mr.P.S.Dhingra Ji
Guest (Expert) 16 February 2017
NJS Rajkumar ji,

Thanks for your appreciation.
Guest (Expert) 16 February 2017
Welcome Senior Advocate/Senior Expert Mr.P.S.Dhingra Ji
Rajendra K Goyal (Expert) 16 February 2017
Is this the same query:

http://www.lawyersclubindia.com/experts/Nominee-as-a-wife-in-insurance-documents-and-bank-accounts-is-sufficient-to-prove-marriage--630016.asp
Kumar Doab (Expert) 16 February 2017
Is this query also has something to do with the matter:



http://www.lawyersclubindia.com/experts/Property-disputes-626951.asp
Guest (Expert) 16 February 2017
You seem to be doing nothing, except posting ambiguous queries.

Better show your documents to some local lawyer and act according to his advice, as based on the facts available in your documents.
Kumar Doab (Expert) 16 February 2017
You have already moved on to initiate legal battle.


Apparently your father's loose and abusive character is the sole reason to compel a son to go to such extents.





The reply to legal notice does indicate that you have been successful to touch the raw nerves, press weak bones.



Obviously your father has lied in his reply.


You may succeed to unnerve him further.


As already suggested engage a very able and senior counsel.



Litigation can be at times, very very stressful and bring shame, insult and stigma even to a person (be it even father) that has displayed loose and abusive character.



Probably there are NO Panchyatas/Khaps/Tribal practices or group of elders in your community to tame and shame such abusers and loose characters that is why you had to approach a Lawyer.



Your lawyer has got you a good start.

Now its seems to be your turn to smile.



Remain vigilant and alert.





Guest (Expert) 16 February 2017
Previous expert's advice is like "chadh jaa bachcha sooli Ram bhali karenge", i.e., with God's grace, get yourself hanged without giving any thought.

However, even if your father was having relations with that lady before the death of your mother, you can ask him, in what way that can help you after the death of your mother? Can you get divorce from your father on behalf of your mother or can get maintenance on her behalf?

Anyway, I can only wish the best of luck for you, if you adhere to that advice.
Kumar Doab (Expert) 16 February 2017
The previous person is tilting the query from pertinent discussion in a query to:


Kufar

Kafir


http://www.muslimasoasis.com/true-meaning-kufar/
Kumar Doab (Expert) 16 February 2017
The previous person has modified last post, by adding a big para.


The previous person is tilting the query from pertinent discussion in a query to:


Kufar

Kafir


http://www.muslimasoasis.com/true-meaning-kufar/
Kumar Doab (Expert) 16 February 2017
The previous person is tilting the query from pertinent discussion in a query to:


Kufar

Kafir


http://www.muslimasoasis.com/true-meaning-kufar/



It is not a religious discussion.




Although he has pasted picture of a very old and sick man, he can not ask querist/author or anyone else to ask any question from anyone and anybody.



Even if very old even if very sick he can not ask any question himself also from anyone and anybody.








Guest (Expert) 16 February 2017
Mr. Dooba,

Thanks for introducing yourself (kafir) and making everyone understand the meaning of your being a kafir and your kufar (lies to give false hopes to the querists by misguiding them).

So, now I understood, what had been the reason why by your nature of being a kafir, you had been abusing me a lot in innumerable threads.
Guest (Expert) 16 February 2017
Mr. Dooba,

BY THE WAY, why are you keeping a fake ID and afraid of posting your true identity (name, photo & location) in your profile at LCI?

Is it that you may be ashamed of showing your ugly name or ugly face you possess? Rest assured, nobody would laugh at you if you show your name and face in your profile.
Sudhir Kumar, Advocate (Expert) 16 February 2017
Mr Kumar Doab - carry on.
Mr PS Dhingra - caryy on.
Guest (Expert) 16 February 2017
Mr. Sudhir Kumar,

Any relevance of your unwarranted intervention? You seem to enjoy well in such situations. I know you have deep sympathy with Mr. Doab.
Guest (Expert) 17 February 2017
Mr.Sudhir Kumar When two Senior Experts are in Misunderstanding You should Only try for a Compromise between them Or you could Just Ignore it.You should Not Take Advantage of It and Try to Provoke them further with your Insulting Comments.Whether you could Justify about your self that you are a Great Person to do all this.Obviously your mentality and intentions are Exposed.
Guest (Expert) 17 February 2017
Mr.Sudhir Kumar with Good intention I prefer to advise you that your Last Post Clearly Confirms and Expose your Character of a "Sadist" please.Better to have a Good Treatment at the Earliest.
harshit singh (Querist) 26 February 2017
Dear experts,
It is very valuable to me getting advice from expert of lawyers club india. I am getting view of many experts at a single platform.
Thanks to all experts.
Regards
Harshit singh


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