urgent advise required

Publishers

In this case parties took divorce by mutual consent before the notary. (There is no Court decree). Thereafter wife remarried and she having a daughter from this second marriage.

After her second marriage, her earlier husband has expired and she filed application for succession certificate. Would she be entitled for the estate of her previous husband?

If her divorce is not proved then in that case whether it can be said that she is living in adultery because her so-called second marriage would be void as it was performed during the life time of her prevous husband.

Please advise with case law citations.

 
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Lawyer

Divorce is only valid when it is taken before court. There is no other way to take divorce therfore divorce taken before notary is not valid.  She is still a married wife of his previous husband and entitled to take succession. Her second marriage is a void marriage and therefore case of adultary can be filed against her second husband and for second marriage when her husband still exist can be filed against wife.

 
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Advocate

Clearly answered by  Piyush Sharma

 
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Publishers

Here the question is that if divorce is not proved can she be denied succession on the ground that she is continuously living in adultery and also having a illegitimate daughter.

 
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SALES PROFESSIONAL

arriage was fixed through matrimony website,my self was working on behalf of icici bank personal loans and was earning well, i told a lie that i have completed degree, but i was having arrears,i did not consult my family for marriage, my wife had a brain tumor knowing this i married her, my family members said no for the marriage, and considering my wife health i asked my father in law to see a house near by them,but unfortunately every thing went bad first i got a loan from my father in law of rs 50000 before marriage, because my father was not financially sound to conduct the marriage,to buy dresses and mangal sutra for my wife for that purpose i borrowed from my father in law, and after marriage, for which i gave two blank cheque , and i lost my job after marriage and suffered for 6 months without a proper job , and my father in law threatened me that i will put a case by depositing your cheque , father in law does not believe me in sending my wife for a living . she had a brain tumor before marriage and i married her by knowing this, due to financial problem i pledged my wife jewel including( 150000). they even taken my jewel which they offered me on my marriage , i want a solution to live with my wife, they tortured me like anything because of this me and my wife got fight between, now they dont believe me sending their daughter with me , i want a solution whether to live with her or to divorce her.even my wife nodding her head what his father say . if she comes and stay alone with me i will take care of her, he used abused words to me and to my father, please suggest me what to do and now i have settled 60k out of 1,5 lakhs .they have taken all the things which they offered me on marriage like fridge, TV, washing machines and other house hold furnitures i have even given my wrist watch which they presented me on my marriage, i dont want their money and other things , am not money minded , my father in law gave me the loan through their friend both are in state government my father in law also done BA LLB , i need a solution for this big problem,

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Mr.Kuchhal,

you can challange her petition but you have to prove her divorce. but you have to struggle hard.

That why we alwyas guide the people to get proper divorce else they always face such and similar problems.

Anyhow consult any good local lawyer and he will guide you the way out.

There is way out but your local lawyer will guide you thoroughly after going through all the doucments.

Regards
adv.kamal.grover@gmail.com

 
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SALES PROFESSIONAL

Dear sir,

Am not kucchal and am sarathy, my case is mentioned below please suggest me what to do

Marriage was fixed through matrimony website,my self was working on behalf of icici bank personal loans and was earning well, i told a lie that i have completed degree, but i was having arrears,i did not consult my family for marriage, my wife had a brain tumor knowing this i married her, my family members said no for the marriage, and considering my wife health i asked my father in law to see a house near by them,but unfortunately every thing went bad first i got a loan from my father in law of rs 50000 before marriage, because my father was not financially sound to conduct the marriage,to buy dresses and mangal sutra for my wife for that purpose i borrowed from my father in law, and after marriage, for which i gave two blank cheque , and i lost my job after marriage and suffered for 6 months without a proper job , and my father in law threatened me that i will put a case by depositing your cheque , father in law does not believe me in sending my wife for a living . she had a brain tumor before marriage and i married her by knowing this, due to financial problem i pledged my wife jewel including( 150000). they even taken my jewel which they offered me on my marriage , i want a solution to live with my wife, they tortured me like anything because of this me and my wife got fight between, now they dont believe me sending their daughter with me , i want a solution whether to live with her or to divorce her.even my wife nodding her head what his father say . if she comes and stay alone with me i will take care of her, he used abused words to me and to my father, please suggest me what to do and now i have settled 60k out of 1,5 lakhs .they have taken all the things which they offered me on marriage like fridge, TV, washing machines and other house hold furnitures i have even given my wrist watch which they presented me on my marriage, i dont want their money and other things , am not money minded , my father in law gave me the loan through their friend both are in state government my father in law also done BA LLB , i need a solution for this big problem,

 
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