Second marriage proof required in court
12-Aug-2023 (In Divorce Law)
I am separated from my husband from 7 years. My husband has secretly done his second marriage and they have a child from his second marriage. He has done registered court marriage from some city, but I don't know the place from where he has got his marriage certificate. How can I proof in court that he has done second marriage. I understand verbal statement and photo evidence will not work and even I don't have any pics or his verbal statement in which he said he has got married. I came to know from some close source. Question 1: Is there any way to get his marriage certificate for his second marriage? Question 2: Can I file a RTI for the child to get his parents information, I don't have any relation with that child, as I am neither in his blood relation nor his legal parent ? Question 3: Can I ask court to request for DNA test for that child?
Now a days we get names of both mother and father on the birth certificate issued by government officials kindly take the copy of birth certificate of their baby. Which and where both the names can prove they are the parents therefore court can be satisfied that he is married
What are the legal rights of a second wife?
If the second marriage occurs after his divorce from the first spouse or after her death, the second wedding will be legal and the second woman will have all rights to her husbands ancestral property and self-acquired properties (and will fall under Class-1 heirs). 26-Oct-2023
What is the status of second marriage?
According to the Indian Penal Code, the husband/wife from the second marriage can sue the partner of the first marriage for bigamy. If the first spouse lives, anyone who marries while the marriage is still going on is guilty of bigamy.
Is 2nd marriage valid without divorce?
In India, a second marriage with the first spouse without divorce is illegal and forbidden. This is a punishable offense and can result in harsh penalties. In Section 5 of Hindu Marriage Act 1955, the conditions and circumstances that are required to make a marriage valid are outlined in detail.
What is the Supreme court decision on second marriage?
The Apex Court ruled that a second marriage during the appeal process against a divorce order would not be invalid if the parties chose to avoid attracting attention.
Question 1: Is there any way to get his marriage certificate for his second marriage?
Answer: You can approach the marriage Registrar and try to obtain the same through unofficial and unethical means;
Question 2: Can I file a RTI for the child to get his parents information, I don't have any relation with that child, as I am neither in his blood relation nor his legal parent ?
Answer: You cannot file an RTI. But you can ask the court to order the husband to produce the documents;
Question 3: Can I ask court to request for DNA test for that child?
Answer: Yes you can ask the court to do the same if there is a prima facie evidence that he is the child of your husband.
Answer: You can approach the marriage Registrar and try to obtain the same through unofficial and unethical means;
Question 2: Can I file a RTI for the child to get his parents information, I don't have any relation with that child, as I am neither in his blood relation nor his legal parent ?
Answer: You cannot file an RTI. But you can ask the court to order the husband to produce the documents;
Question 3: Can I ask court to request for DNA test for that child?
Answer: Yes you can ask the court to do the same if there is a prima facie evidence that he is the child of your husband.
Hire a private investigator who can find proof that your second marriage is valid. A detective agency can investigate the background of your husband. You can get a copy from the government office that issued your marriage certificate.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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