Legal Question in Civil Rights Law in India

Dear Lovkesh Gupta Sir,

Please Suggest me how to go about it ,I am badly in need of this

certificate showing me as legally wedded wife,Please let me know the

procedure for it.I am 54 and my husband is 62 (Ex Banaras Hindu

University Employee who is getting pension) . My husband cheated my

since the last 35 years and given the name of his mistress in his

service record with BHU. I filed the writ but it was dismissed by the

Allahabad High Court.

I have also filed FIR Under Section 494/498A/506 of IPC against my

husband also .I have also filed the Case under domestic voilance act.

My husband has sold our maxium property including our house but i have

managed to take RO under domestic voilance act after the sale of the

property (Sold my by husband to my tanent) but till date i am in

possession of this house till the disposal of this domestic voilance

act case. In all the cases he is denying having any relations with me

but i have all the marriage photos,id and address proof with me and

order under 125 crpc for mainteance of Rs.500/ pm which he has party

paid and is still unpaid since the last two years.

Sir I am badly in need of this certificate called" Legally wedded wife

" but i dont want to file any civil suit as My Husband can take its

benefit

I have a son (30) and daughter in law (25)

Thanks a lot for your advice.

Regards

Smt.Usha Singh

I am putting my question again to link my question

Dear Sir

I have got the maintenance order under 125 crpc of Rs.500/- from my

husband.My husband has kept one mistress and he has shown in his

service record with B.H.U .the name of his mistress as his wife. I

have contacted B.H.U. but they told me that they need court orders to

change the name of wife .

Sir. I just wanted to know how can I get one court order declaring

myself as his legally married wife.Is it possible through my 125 CRPC

Case order .

My 125 CRPC Maintenance orders states that � From the evidences it is

seen that the petitioners ( Myself)is the wife of opposite party(My

Husband)� and finally the order says that he should pay me maintenance

of Rs.500/- p.m. it was granted in 2002.

I don�t want to file another civil case as My husband can take the

benefit of this new case stating that the case of his marriatial

status (with me) is still pending in a court. I have also filed one

FIR under section 498A/494/506 of IPC . I have also filed case under

domestic voilance Act againt him.

I needed the court order badly declaring me as his legally married

wife. I have all the evidences in my favour like ration card,election

card and other local documents including my marriage photographs.I am

really scared that he has shown his mistress as his wife in all his

LIC documents,Service Record.

I have filed one Writ Petition at Honourable High Court for directing

BHU to enter my name in his service record but it was dismissed saying

that He has every right to make anyone nominee in his service record

but Sir just wanted to inform you that he has no any marriage photos

and evidences that he has done any marriage with that mistress.

Please Suggest Can I get any Court Order through my 125 CRPC Case that

I am the legally married wife of my husband. I am 54 and he is 62. I

don�t want to file any civil case as he may take the benefit of this

case that my marritial status with him is still to be decided by the

court in this new case so I don�t want to spoil my time as this time

is very precious for me .

Please Suggest Can I get any Court Order through my 125 CRPC Case that

I am the legally married wife of my husband.


Asked on 2/12/12, 9:55 pm

3 Answers from Attorneys

If ur husband denying the marriage and ur children r with u then u can lodge FIR u/s 376IPC for rape and ur daughter in lawal can also file application to police u/s498-A IPC and may file application under ddomestic violence against him and for more details may contact me

Read more
Answered on 2/13/12, 1:21 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may need to file a civil suit seeking to declare that you are the married wife of your husband, named, ...................

A local lawyer may help you better to pursue your remedies.

Read more
Answered on 2/13/12, 1:41 am


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