Procedure for Annulment of second marriage
01-Jan-2023 (In Family Law)
I have been married as per hindu rituals in temple in 2013 and no one knows about it just photos and a few friends.We didn't register our marriage in between.Now in 2016 his family forced to marry second time.It was not as per hindu rituals just they took his finger impression and may be got it registered.After that he left his family and started living with me.Now suddenly,he got to know that his so called second wife charged him 498 , impotent , cruelty charges and also gave birth to a son( without any intimate relationship with him).His family is very happy and registered his name as father in child birth certificate which he disapproves.How can I prove my marriage with him and clear all the charges against him and also want to know about paternity test and annulment of marriage..??
if the other wife is claiming that the children are your husband's then a DNA test be performed where she will be caught red handed and the charges made against your husband should be placed before court for dismissing them, detailed discussion is necessary
The Law Commission of India in its 185th report has recommended Indian Evidence Act (Amendment) Bill, 2003 which makes provision for DNA tests in paternity disputes by the consent of the man, and in case of child by the permission of the Court.But still even in a recent case in 2001 Supreme Court refused to rely on the result of a DNA test and held that under sec. 112 of the Evidence Act non- access between the man and woman is the only way to raise the presumption against legitimacy....the husband has to prove that he and his 2nd wife were not residing for long time before the child is born.If he fails to do so, he shall be regarded as the father, whether the child is illegitimate or not. In case of annulment of marriage, your husband can file a case under section 5 of the Hindu Marriage Act 1955 before the Learned District Judge of your district. Regarding the 498A issue, if FIR is lodged, get an anticipatory bail before police arrest your husband. Step by step proceed, but first of all get bail.
Ma'am,
First of all your husband has committed an adultery punishable with imprisonment. Now, impotency and child birth could not be placed in the same person. Then either the lady is telling lie or your husband. I could help you.
First of all your husband has committed an adultery punishable with imprisonment. Now, impotency and child birth could not be placed in the same person. Then either the lady is telling lie or your husband. I could help you.
Look, the Matter is serious one as per your version. here my suggession is please met with an Advocate at your town immediately and consult with him in presence of your Husband, because his version is highly need for finding way. And do it what the Ld. Advocate suggested you.
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