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ravindra kumar (gkgklj)     06 May 2021

validity of marriage

Dear Expert ,
My query is that my father got married with other lady during the lifetime of my mother. my mother passed away in 2011. i have documents to prove that my father nominated that lady as a wife in LIC and other documents as well as that lady also claimed herself wife of my father in her all documents before 2011.Marrige done between my father and that lady was not correct in eye of court just because of no divorce was done between my father and my mother .my father and that lady got remarried in 2016 and marriage got registered in registrar office. in the application to register the marriage that lady claims herself as unmarried.though that lady claims herself as the wife of my father before 2011. on the basis of this fact ,i want challenge the validity of marriage done in 2016. please help me how to proceed.
thanks and regards,
Ravindra Kumar


Learning

 7 Replies

Dr J C Vashista (Advocate)     07 May 2021

The alleged second marriage, presumably under Hindu rites and rituals, is invalid and illegal. Your father / step mother can challenge and get it declared void.

Whether your father is alive and staying with the lady ?

If it is registered whether your father has mentioned about his marriage (with your mother) in application and affidavit ? If so, you may file an application before Registrar of Marriage to inquire and book him (your father) for filing false affidavit.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Sankaranarayanan (Advocate)     07 May 2021

It is illegal, better to consult local lawyer will be advisable

G.L.N. Prasad (Retired employee.)     07 May 2021

Do not underestimate your father or his present wife,  as they might have got the marriage registered after the death of your mother and might have declared the present wife only after the death of your mother.  Check-in for facts and how you are benefitted by making the marriage of a father invalid when there are chances of legalizing such marriage officially after the death of his first wife?  Even without all this, he can deal with his self acquired property as he likes through a legally valid document of transfer.

Pradipta Nath (Advocate)     07 May 2021

What is your objective from challenging the marriage?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     07 May 2021

As per the timeline in your query, your Mother passed away in 2011 and your father remarried a lady in 2016. Apparently, the marriage in 2016 is valid as it was performed subsequent to the passing away of the first wife. Your Father did not remarry while his first Wife ie. your Mother was alive.

 

Now coming to the Nominations given to the lady by your Father even before 2011.  Technically, it is possible to have a nominee who is not a relative or legal heir and that cannot be questioned. In the Nomination proforma there shall be a question to the effect "Relationship with Depositor if any". Maybe your father left that column blank. or just mentioned as none.  However, it is the duty of such Nominee to receive the money in trust from LIC or Bank, etc, and distribute such money to the legal heirs as per their share, only in the event of the death of your father. The mere fact of your father giving the nomination to a lady cannot be construed that he was married to that lady at that time. And besides, your father officially got married to that lady in 2016 and got it registered.

 

G.L.N. Prasad (Retired employee.)     07 May 2021

When the nominee is wife (maybe at the time of claim settlement), the nomination even when challenged can not prevail in a court of law.  The wife is entitled to the claim amount.

T. Kalaiselvan, Advocate (Advocate)     08 May 2021

You have stated that your father legally married your step mother in the year 2016 i.e., very well after the death of your mother and got the marriage registered, therefore the marriage is legally valid and your step mother can claim all rights as a wife.

The nomination of LIC in the year 2011 has not been encashed since your father is living and there was no occasion to prove the nomination anywhere. 

If you raise this question they may cleverly cancel the nomination now and your father can re-nominate her once again after a little while later, since she is now your father's legally wedded wife. 

 

The proposed challenge by you about their marriage is not valid nor maintainable in law, hence better take advise from a local lawyer properly before proceeding with your thoughts about it.

 


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