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Pension claim of the first wife if marriage is declared null and void


17-Sep-2023 (In Family Law)
My husband has no more unfortunately. Firstly he got married in 2006.But he null and void it in family court within 2 months.But his wife live with my husband's parents.We meet in 2012 throu matrimony sites. We not got married due to this . We have two sons. Now after his death his parents apply to office for her for pension. I have no any proof or document. What can I do in this situations .pls help me
Answers (2)

Answer #1
828 votes
You can have claim in pension as you had married him and out of wedlock you are having two kids. He had already mentioned both of your birth certificate his name as father. You can go and apply for succession certificate in civil court of your jurisdiction.
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Advocate Manoj Mulchandani

Adv. Manoj Mulchandani

LawRato Nashik | 700+ Answers
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Answer #2
621 votes
Hello, I would firstly advise you to get a clarity of situation and revert. In India, the marriage cannot be annulled before passing of 1 year from date of marriage. Please give clarity of this. If the marriage is officially nullified his first wife cannot claim anything no matter what. As the marriage and settlement is done during the decree of divorce. Please feel free to connect and elaborate on this. We can surely help you with this.
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Advocate Varun Vij

Adv. Varun Vij

LawRatoMumbai | 100+ Answers
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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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