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Vaishali Patil (IT)     17 December 2013

Urgent need help

Hi, As my Father got married in 1967 with a leelabai and after 3 days she left home and never returned due to external affairs with other person(Ramakrishna). as my father did not have any register marriage proof and only have marriage card .But my father has mention her name in service letter. After 10 year in 1977 got married with my mother (babybai) and have 4 children's. Leelabai married with person(Ramakrishna) who was already married and leelbai was second wife so still there is case going on for pension dispute between Ramakrishna first wife(vimalbai) and leelabai. But now vimalabai and Ramakrishna is no more. And leelabai is saying that she is first wife of Ramakrishna. When I checked marriage certificate of leelabai it states that she was already married with ramkrishana in 1966 before her marriage with my father. So leelabai did fraud with my father. And she is not accepting that she was married with my father because do not want to loose ramkrishna pension as well as property. But we want to remove leelabai name from service letter. Please do let me know if you need more details.



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 9 Replies


(Guest)

It seems to be more like puzzle than a query.... I think you should reframe it in order to get proper guidance from experts

Vaishali Patil (IT)     17 December 2013

In simple word, Fother got married 1967 with 1st wife and she was already married with some one else in 1966. But my father has enrolled her name in sevice letter which we want to remove for that govt people want divorce decree or null and void marriage certifiacate from court. 1st wife is already taking pension of 1st husband.

So she bigmay my father and hiden her 1st marriage with someone else. and she she is refusing to married with my father because she does not want to loose her pension.

Balaji Bakthavathsal (+919444448455)     17 December 2013

Hi Vaishali,

     I too face a similar situation. A fraudulent lady attempted to grab our house using some fake documents. While investigating her background, I came to know that she is drawing family pension from the Indian Army claiming that she is legitimate wife who got married to the Army Person after the death of his first wife. Actually she was the mistress of the Army Person and on the date she produced as Date of Marriage to the Military Authorities, she has got Five grown up children as per the legal heir certificate which she got from the Revenue Department. So, in order to get pension, she gave false date of marriage showing as if she got married after the death of first wife and drawing pension.

   I too tried my level best to stop the pension bringing the matter to Police, Military Authorities. But no use. They simply ask me what locus standi you have got ? It s public money going to criminals and when pointed out no one is bothered. What to do ? We are in India. Let us see whether any expert is giving wonderful idea.

Thanks & Regards

Balaji

Vaishali Patil (IT)     17 December 2013

Did you get it or need more info

Rohan (Manager- Legal)     17 December 2013

I suggest you send a legal notice to her. See her response. If she had married your without divorcing her 1st husband, then its a null and void marriage and is liable to be declared by the Court.

1 Like

Sudhir Kumar, Advocate (Advocate)     20 December 2013

In this case you are not able to explain how her marriage with father was void?

 

Regardless it is your father who got her name recorded in service records. Certainly without court order of divorce the name cannot be deleted.

 

Now for seeking divorce from your father at this age she needs to admit the existance of marriage and which she cannot be expected to cooperate at this stage. She may not be interested in loosing hjer pension just for the sake of your thirst to correct the records which in any way are not expected to effect you.

 

If all these facts would have come to light during your father's service he would have been thrown out of Army on the charge of bigamy.

 

Is your mother alive?

How does it effect you if her name remains in record?

You want to remove her name but you never said you never said what your father wants. Has he during service done anything to get the record corrected?

Sudhir Kumar, Advocate (Advocate)     20 December 2013

repeated

https://www.lawyersclubindia.com/forum/void-and-null-marriage-94088.asp

Vaishali Patil (IT)     20 December 2013

Sudhir Sir,

She was married other person before my father and we have register marriage certificate with us for her previus marriage. In such case the marriage with my father was void and null. and if she will not co-oprate with us then case would be exparte. please correct me if i am wrong.


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