Rights of second wife
Dipa
(Querist) 03 April 2012
This query is : Resolved
I am a Hindu. I am the second wife of my husband. My husband did not divorced his first wife and also have got one son of his first wife. We also had a son who died in a mishap. After that my husband is not keeping any relation with me and also telling me that I will not get any share of his property or money. What can I do? I have got certificates of our marriage and also in my passport I have got my husband's name.
Adv.R.P.Chugh
(Expert) 03 April 2012
If your marriage was post 1955 - it is not a marriage in the eyes of law, and sadly there are no proprietary rights that you have. Your children though are entitled to the same rights as children of the first marriage.
ajay sethi
(Expert) 03 April 2012
the second marriage by your husband during subsistence of first marriage is illegal .
you dont hvae any right over your husband property
however under Dv act you can claim right of maintenace , accomodation
ajay sethi
(Expert) 03 April 2012
HC opens maintenance door to 'second wife'
Shibu Thomas, TNN Apr 28, 2010, 03.55am IST
MUMBAI: A second wife has to battle not just stigma but also her "illegal" status under Indian laws. If the relationship sours, the laws say she has no right to a maintenance from her polygamous husband nor a share in property (though the children from the wedlock have inheritance rights). But the Bombay High Court, in a path-breaking ruling, has opened a small door for such women.
Justice A B Chaudhari has said second wives could approach courts under the Domestic Violence Act. The judge asked a Nagpur-based 45-year-old housewife, Manda Thaore, to move court under the 2005 law to seek maintenance, accommodation and other benefits from the man who married her 27 years ago.
Ghanshyam Prasad
(Expert) 03 April 2012
your marriage is void.Hoever,you are entitiled to get maintanance.
Sankaranarayanan
(Expert) 03 April 2012
I do agrree with mr sethi's answer. Even the second marriage is void she can get the maintanance by DV act
