Legal Question in Civil Rights Law in India

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 2/01/12, 7:19 am

1 Answer from Attorneys

Yes in the petition under sectuon125 he admitted u as his legal wife and I suggest to file application under domestic vioLence act and file application under section 127 crpc for enhancement of maintenance

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Answered on 2/06/12, 1:07 am


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