2 wifes
Raja
(Querist) 19 June 2013
This query is : Resolved
A man had married duly with one lady and also having another lady with him, who is living together.
one is married wife
another is live together
Is it legally valid ?
Both the ladies are staying wit the man.
Is it acceptable by law ?
Sudhir Kumar, Advocate
(Expert) 19 June 2013
only one is legally wedded wife.
It is acceptable if legally wedded wife has no objection.
Dr. Jyothi Vishwanath
(Expert) 19 June 2013
It is not acceptable by law. But as suggested by the expert, if the first wife has not objection to this, then no legal issue will arise
Adv Archana Deshmukh
(Expert) 19 June 2013
Only the relationship with the wife is legally valid. The relationship with the other lady has no legal validity.
Nadeem Qureshi
(Expert) 19 June 2013
Dear Raja
if the man if Muslim then he can but if the man is hindu then it is not acceptable in the eyes of Law
Raja
(Querist) 20 June 2013
recently madras high court has ruled out that the children of such 'live together' couple is to get the property share of the father. so it means this type of second 'wife' is valid ?
Anirudh
(Expert) 20 June 2013
The fact situation leading to the Madras HC decision is completely different from the one which you are stating.
The recent decision of the Madras High Court has not attained finality so far. It needs to be tested further by approaching the SC. The Madras Decision will be tested and decided by SC, as the said decision is prone to be misunderstood and misused and has the potential of creating lot of confusion in the society and creating anomalous situations.
Therefore, it will be highly premature (i) to attempt to take any benefit of the said decision (ii) to stretch the decision to unintended situations (iii) to apply the decision as a straight jacket formula.
R.K Nanda
(Expert) 20 June 2013
live-in has no legal validity.
T.M.MOHAMED YOUSEFF
(Expert) 20 June 2013
Only the legally wedded first wife is the "wife". Live in together can not have any legal standing. She can not have any right over his property. But children, even if illegitimate will have the right over properties. 1st wife's consent is irrelevant. So long as she does not complain no case will be taken for adultery against him
Sudhir Kumar, Advocate
(Expert) 20 June 2013
It is better if Mr Raja stops taking viva of experts and give full facts of the case.
He should be sure what he wants to know
V R SHROFF
(Expert) 20 June 2013
Raja,
" that the children of such 'live together' couple is to get the property share of the father. so it means this type of second 'wife' is valid ?"
Man and Woman can be illegal .
Children are innocent, and legal: Why should child suffer??
SC says so.
Dr V. Nageswara Rao
(Expert) 20 June 2013
1.Hindu Law recognizes a marriage that has been gone through legally for all purposes.
2. Second wife when the first marriage is subsisting is merely a relationship.
3. In my opinion, when a man is unmarried and enters into a live-in relationship with a woman and the couple hold themselves out as husband and wife to their relatives and friends and they also accept them as such, the Courts presume a marriage between them.
4 Such presumption is made under S. 50 of Evidence Act and their children are deemed to be legitimate for all purposes. The couple can claim all matrimonial remedies. Children are legitimate.
5.Mere live-in relationship is also recognized under the DV Act and the spouses can claim remedies under that Act. The Children will not be legitimate.
6. Under S. 16 of HM Act, if there is in fact a formal marriage but the marriage is void or voidable, the children are deemed legitimate.
prabhakar singh
(Expert) 20 June 2013
I am in complete agreement with Dr.Rao's opinion.
Children from any union of males and females even out of illegal relationship are treated as legitimate in law.
@Mr.Nadeem!
Even in case of a Muslim the second lady would not be treated legally wedded wife in absence of NIKKAH!Is it not so?
Sudhir Kumar, Advocate
(Expert) 20 June 2013
I will agree with Mr Yousef. Passive consent of original wife results in the fact that husband is not charged for bigamy (not adultery) but she has no power to declare second marriage as legal.
Sudhir Kumar, Advocate
(Expert) 20 June 2013
I further agree with mr Prabhakar singh. Even in case of muslim one is allowed more than one wife but keeps do not become wifes.
Dr. Jyothi Vishwanath
(Expert) 20 June 2013
I agree with Mr.Sudhir. If there is any ceremony of marriage, then even if the marriage is void or voidable, children are legitimate. If there is no ceremony at all, then the children are illegitimate and Section 16 of the Hindu Marriage Act does not deems such children as legitimate.
Domestic violence act only provides remedy against violence and maintenance but does not deems them legitimate.
Indian Evidence Act of course to some extent may help the couple in this case.
Raj Kumar Makkad
(Expert) 23 June 2013
I fully endorse the conclusive advice of dr. Rao.
