Legal Question in Family Law in India

Dear all,

My close friend marital matter as follows pl give opinion.

My friend served in defense sector, He was married 2004 in Hindu custom. After 6 month family disturbance occurs and matter going to court. The devious matter in pending science 6 years.

The women living her Boy friend illegally science 6 years and now they have illegal relationship 2 years son.

But they are not married in Hindu custom or court because her case was pending with court.

Now my fried was expired on duty. Left his only window mother aged at above 60 years.

Now his wife claim to department 50% death benefit as his wife.

As per Defense record his Mother was 100% NOK/NOMINEE. My friend was not changing his nomination due to disturbance after a short period of marriage.

As per my knowledge his wife entitle for 50% of death benefits but condition to not remarry.

In the case the old age mother not trace the evidence of her relationship.

Can any other way to prove her marred women?

Can any law to force to ladies take a scientific test like lies test she has no child/ any medical test to prove she not pregnant/delivery after 2004 from his separation.

Please advice


Asked on 4/07/12, 7:42 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Dear client

Matter is complicated. The wife is taking advantage of the situation. In the eyes of the law, this woman is still the legally wedded wife of your friend. You forgot to mention most important fact and that is, what type of litigation is pending in the court. Her second marriage is not valid since she did it without divorcing her first husband. Something could still be done. Talk with you needed.

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Answered on 4/11/12, 5:43 am


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