father's second wife

alvin (Querist) 27 April 2011 This query is : Resolved
i am a sikh .my parents married in 1956.my mother died in1990.my father kept another woman and had a son in 1972. how do i ask them to show their martialstatus in court.

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Dr V. Nageswara Rao (Expert) 28 April 2011
(1) Sikhs are governed by the Hindu Marriage Act of 1955 and under no circumstances will the Act countenance a second marriage during the subsistance of the first marriage.
2. Though the Supreme Court has held that long cohabitation of a man and woman would give rise to presumption in favour of marriage and against concubinage, the Court has done so only for (a) protecting the legitimacy of children (b) to grant maintenance to the woman and kids and (c) to grant remedies under Domestic Violence Act.
3.The presumption will be inapplicable for any of the matrimonial remedies under the 1955 Act or for prosecution for bigamy or adultery (S. 50 of Evidence Act).
4. As the son was born to your father by the mistress in 1972 at a time when your mother was alive, the Court cannot presume a marriage by long cohabitation as that would amount to recognition of bigamy.
5 The status might change after 1990 and your father and the mistress can be presumed to be husband and wife on the basis of long cohabitation. As the child was born earlier, he cannot be presumed to be legitimate.

Kirti Kar Tripathi (Expert) 28 April 2011
A perfect advice by Dr V. Nageswara Rao. Nothing to add.

Sachin Bhatia (Expert) 28 April 2011
agree with the above experts.

M.Sheik Mohammed Ali (Expert) 28 April 2011
yes, i agree experts

Guest (Expert) 04 May 2011
Your father has to do a register marriage with second wife through registrar as first wife is dead as you said , so register the marriage with second wife is legal.

But you cant show the earlier marriage status as the first wife is dead ,But if you have a marriage certificate of first wife then its valid.As the first child was born earlier, he cannot be presumed to be legitimate.

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