There is other name in the service book records of my husban

Jaspreet Randhir Kaur (Querist) 05 April 2021 This query is : Resolved
My husband was employee in department of telecommunications. He was mentally upset and went missing in 1999. Before married to me, he was engaged to someone else but on the wedding day, she and her family didn't appear on wedding when they got to know that groom (my husband) was mentally upset. After a year, he got married to me but he put her (his fiance) name in the service records after engagement as his wife and i was not aware about it nor anyone from my family know about this.

I filed FIR after he went missing and police dept filed their non traceable report to the said dept. They also mentioned in the charge sheet that I as wife filed FIR of her missing husband. But now they rejected my claim by ordered that my name is not there as first wife and I'm second wife of him and i don't have legal right to pension benefits. I have marriage certificate and also my sister in law can give written statement that my husband was not married before me. My sister in law know who was woman who was engaged to my husband and now shes also got married to another person.

How do i prove that I'm his legal wedded wife.

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Quick Summary

A woman is facing difficulties claiming her husband's pension benefits because his service records incorrectly list his former fiancée as his wife. Despite having a marriage certificate and a sister-in-law willing to testify, the department rejected her claim as the second wife. The advice suggests gathering evidence to prove the former engagement did not result in marriage and that her own marriage was legal, recommending legal action through a solicitor.

kavksatyanarayana (Expert) 05 April 2021
The department cannot do anything as in his service records, your name as a wife is declared in the list of family members. You shall engage a prudent lawyer and with his guidance to file a case in a court of law.

Dr J C Vashista (Expert) 06 April 2021
What was the basis of recording name of fiance as wife in the service records of employee / your husband ?
It involves certain lacune which is required to be investigated after inspecting records.
File a suit for declaration and consequential benefits in appropriate court through a local prudent lawyer.

Sudhir Kumar, Advocate (Expert) 06 April 2021
Your husband has woven the web around you very tight.

If employee named "X" as his wife then department has to agree

if thereafter he did not show any record of divorce or death then department cannot entertain "Y" s wife.

It is for you to prove that

(i) marriage did not take place with her and her entry is fraudulent.
(ii) marriage actually took place with you and you alone.

You have to meet a lawyer.

YOU NEED TO BE VERY CAREFUL

if that lady turn out to be vicious then she will get entire terminal dues (even if she has a husband and family) law at present supports here and her alone and you are in the eye of law (atleast as appearing in his service book) are a total stranger (atleast appearing from given facts)

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