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Author Topic: Urgent Request  (Read 876 times)

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Offline ginumon

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Urgent Request
« on: June 02, 2015, 12:23:52 PM »
Hello All,

I have an urgent request here and I am very hopeful that I get some lead from here.
My sister was handicapped and she was working with State Govt in Kerala . She was married to a person in 2006 and had two kids. He was a drunkard and was torturing my sister mentally and physically for long. We filed a divorce in family court in kerala after several compromise meetings failed.

She was staying separated from him for last two years and had her kids (7 and a half and 5 years aged) staying with her near my home.She used to commute 70 km up down for work daily and was mentally down with the cases etc as our family was a very happy family until this marriage happened.

After one year of the case in the family court for several summons the guy didn't appear and he was declared as x-party and the case was returned asking them to submit a mutual request for divorce (while this is what my lawyer told me , I do not see any logic in returning the case).

In the mean time we found that this guy was married earlier and it was hidden from us and in that marriage he has a daughter (currently 13 years old) . And the first marriage was legally registered in grama panchayat ( We came to know about the legal authenticity of the marriage later on).

Unfortunately my sister passed away due to an acute broncho pneumonia in April this year and we are all left with no leads. She didn't get a divorce at one hand he is trying to get the kids back from us and also trying to get the die in harness benefits.

I would want to know if he would be a legal heir for the benefits of my sister as this is a second marriage while his first marriage is in existence.
To put the things in chronological order for someone to have a quick look;

A guy married a person (Govt. servant) hiding his first marriage.

Filed divorce (One side request)in family court after having 2 kids, both are boys.

While the divorce was being considered the first marriage came to light.

But the legal authenticity of the first marriage was not known (whether it was registered as per marriage law in a panchayat etc.).

Since the court couldn’t take a conclusion on the divorce in the first 1 year , they have returned the case and asked them to file a mutual petition for which both of them agreed.

However the mutual filing was never done due to other challenges like the guy not appearing in court on session and declaring him as x-party.

Wife died on acute pneumonia.

It was found that the first marriage was legal and was registered in grama panchayat. Legally not separated , has a girl child (13yrs) in first marriage.

Father and mother of the deceased are alive.

Kids currently stay with the maternal grandparents as the court had issued an order for the mother to have the complete guardianship just before her death.

Who all could be in the legal heir list…?. Is the husband eligible to get the die in harness benefits.

What are the possibilities of eliminating him from the legal heir list even if there is a distant chance of him being eligible.

Offline advbanani

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Re: Urgent Request
« Reply #1 on: June 02, 2015, 06:30:47 PM »
The children will be the natural heir of the mother in this case.
the husband cannot get any benifitd as second marriage is vois abinito.

bring this fact to the notice of the office, that will be enough
Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

Offline saravanan.s

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Re: Urgent Request
« Reply #2 on: June 02, 2015, 11:37:07 PM »
the divorce he got through gram panchayat is not valid.divorce has to be got through the court.the second marriage he contracted with your sister while his first marriage is subsisting is considered to be actually there is no need for divorce as its not a valid marriage.
the issues that had been born through him are legitimate and they are eligible to claim their share in the ancestral property of their father and also if he dies intestate without writing any will
the husband cant claim the death benefits as he is not legally wedded to your sister and he is not a legal heir to your sister also.the children alone will be her legal heirs.
refer to the state government rules as in some states a government employee if proved to have committed bigamy will be dismissed from can also file a case of bigamy u/s 495,406 which will result in imprisonment for around10 years


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