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How to prove Im the first wife?
Question
I am the first wife but my late husband added 2nd wife name in nominee.nIn 2009 I filled a maintenance case against my husband which was ex party for him as he did not attend any hearing. The court ordered 5000 RS per month. Later filed recovery suit where my husband paid through dd in the court but there is no acceptance as I’m his first wife After this every month he paid 5000 rs to my account which is cash deposit. In 2016 my husband passed away and in his service record he put 2nd wife name. What evidenc I can collect? I have voter id which was issued in 1995, mymarriage happened in 1975. I have a daughter born in 1982. She has 3 daughters and even she must be having voter ids.
Answer ( 1 )
If you are the first wife then you will have to file a suit for declaration that you are the first wife and without giving any divorce to you, the second marriage is not sustainable. Further, you can prove that you were legally wedded wife from the maintenance order which would state that you are legally wedded wife and therefore liable to be maintained. meanwhile, you will have to make a representation to the concerned department asking them to consider the nomination as wrong since she being the legally wedded wife, no other person is entitled for family pension.