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rohini   20 October 2016

Marriage proof

Hello,

 

Can any body help me for the given matter below:

1) How we can prove dissolution of any marriage done out of court?

2) How we can proove 2d marriage without issueing any marriage certificate?

3) After fathers death can child who have been under the custody of mother after divorce, can claim for the property or money of father?

4) If Fathers death happend without will but with nomination who claim the complete property, a current family or divorced wifes childre or both?

 



Learning

 7 Replies

Kumar Doab (FIN)     20 October 2016

It is believed that the query(ies) pertain to person(s) that are Hindu.

 

Court alone can award divorce.Divorced wife ( divorce from court of law) has no right in estate of erstwhile husband.

 

Witnesses/DNA test etc

 

Child even if illegitimate has equal rights.

 

Nomination is not a parallel route to succession. Nominee is a mere trustee and has to share estate with Legal heirs.

However you have not clarified::: The nomination pertains to what: Equaity shares/Bank accounts/Life insurance etc/Flat/plot in Co-Op society etc etc 

 

 

 

 

rohini   20 October 2016

Thank you, for your suggession kumar daob.

The nomination is given to second wife whoes previous marriage is dissolve outof court without any heiring. Nomination is given for residential property, provident fund, gratuity, etc.

but their is no proof of dissolvation of first marriage and marriage proof for second by the lady she produce his first husband as a witness in front of court for proof of dissolvation is that enough so for proof or any other provision can done for the same.

as the second husband is died only doing nomination and no will also their is marriage certificate is not available then what kind of proof can be used to show for valid marriage

 

Kumar Doab (FIN)     20 October 2016

It is believed that the query(ies) pertain to person(s) that are Hindu.

You have not confirmed, on it.

Court alone can award divorce.Divorced wife ( divorce from court of law) has no right in estate of erstwhile husband.

Since 1st marriage is subsiting, second wife has no legal sanctitiy.

 

Kumar Doab (FIN)     20 October 2016

The verbal statement of husband is not a proof of divoce by court.

rohini   20 October 2016

yes the marriage is done by hindu pratha in mandir. both husband and wife are hindu

rohini   20 October 2016

this is the second marriage of both these people after dissolvation of first marriage since year of 70s of women and in 83 of men

 

Kumar Doab (FIN)     21 October 2016

Court alone can award divorce.Divorced wife ( divorce from court of law) has no right in estate of erstwhile husband.

Since 1st marriage is subsiting, second wife has no legal sanctitiy.

 


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