Death of husband and property issues
6 months ago
This is my second marriage but my husband never stayed with me much. After some years of marriage he wanted to divorce me. All these years we were not living together. After many issues he agreed to settle some meagre amount and wanted divorce. My lawyer changed sides and acted like his lawyer. Finally before we could file a mutual divorce, my husband passed away in heart attack. He has told all his relatives and in work place that we are divorced. I went for the funeral also. But they refused to give me the doctor's declaration paper. I want to find out if he has filed a divorce case without my knowledge. Also his uncle is now asking me for the marriage certificate. I don't know why he is asking it. Please reply.
Unless you can prove the second marriage with your deceased husband legally, you will not be able to exercise your right to claim against your deceased husband. To find out whether your deceased husband filed any divorce petition either in family court or District Court, you need to hire the service of an Advocate or Law clerk to access the information from the registry of the respective Court. The validity of a Hindu marriage is not affected by the failure to register the marriage. A religious marriage ceremony is enough for a marriage to be considered valid under the Hindu Marriage Act, 1955. Wedding Cards are also good evidence of marriage. During a marriage, some photos or videos are also made which play an important role as evidence in Court to prove the marriage. Also, People involved in marriage can be presented as witnesses of the marriage in Court to prove the marriage. Reached out to an Advocate experienced in divorce cases for guidance and steps.
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