claim for poperty from first husband afte secound marriage

Querist : Anonymous (Querist) 01 June 2010 This query is : Resolved
hi,
i want to know if a woman married without decree and if she came back from second husband .she will claim for property from her first husband.

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Guest (Expert) 01 June 2010
YOU MAY KINDLY SEND EXACT DETAILS .WILL HELP YOU.
SECOND MARRIAGE OF HINDUS IS ILLEGAL. SHE REMARRIED WITHOUT DIVORCE .BUT SHE MAY FILE A COURT MATTER TO CLAIM THE MAINTAINENCE AND PROPERTY FROM HER FIRST HUSBAND.
BUT SHE IS PUNISHABLE FOR SECOND MARRIAGE PLEASE NOTE.

Guest (Expert) 01 June 2010
If the first husband does not want to give property share to her, first he has to get divorce decree under S.13 (1)(i) - "has, after the solemnization of the marriage, had voluntary secual intercourse with any person other than his or her spouse;" Then she will be disentitled for the share. If it is his self acquired property, he can give it in gift or will to someone else excluding the wife.

adv. rajeev ( rajoo ) (Expert) 02 June 2010
second marriage illegal in hIndu law and wife cannot claim share in the husband's property independently.

adv. rajeev ( rajoo ) (Expert) 02 June 2010
second marriage illegal in hIndu law and wife cannot claim share in the husband's property independently during the life time of the husband.

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