Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Smt.G.P.SRINIVAS (Advocate)     18 February 2011

Marriage Registration

Our ancient religious system is simply fantastic. The Question: Can a person marry again in India, when his first wife and only son's whereabouts are not known, no communication & never met each other more than 15yrs. In case if he marries, can he register his marriage and get a MARRIAGE CERTIFICATE from the authorities? Will our Hindu Marriage Act accept this marriage and make this as a legal one? Will his only son has the right to act as his legal heir in case if he meets him during his life time?



 5 Replies

A V Vishal (Advocate)     18 February 2011

The general presumption under the Indian Evidence Act, 1872 is that if a person has not been heard of for 7 years by those who would naturally have heard of him if he had been alive, he may be presumed to be dead and matters proceeded with accordingly.

 However, such a presumption is always rebuttable if the person is later found to be actually alive.

vaidyanathan (retired psu employee)     19 February 2011

I endorse in toto of Mr. visha's point of view in law

M.Sheik Mohammed Ali (advocate)     19 February 2011

i agree with vishal 

DR.SANAT KUMAR DASH (Eye Specialist)     28 February 2011

I    agree    with   Advocate     A.  V. Vishal.

Jamai Of Law (propra)     28 February 2011

The man has to presume/declare his first wife and son as 'presumably dead' on record, and then declare himself as widower.

 

And then he can re-marry.

 

Mere ZERO contact, communication or knowledge of whereabouts, neither he or any other can call wife and son presumed dead (unless Govt asks for whereabouts and declares a person dead).....

 

 

 

 

A man in 70's and wife in 60's.

Wife retired govt employee.  Wife goes missing since the age of 61 ........missing for a few years now...

By now she would be 69.....Wife's pension keeps getting deposited in a joint a/c automatically.....let's say...

 

Can husband keep getting the pention of wife?...

Govt  asks for the where-abouts whether she is alive or not.....Of course husband is entitled to get half of pension at least but...but may not get full pension after 7 years of 'missing' status of wife.

 

 

Please correct me if my info is wrong.........


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register