second marriage
Dhiraj Gupta
(Querist) 14 October 2015
This query is : Resolved
Respected Experts,
As we know second marriage in Hindu Act os void if either of the spouse is alive.
my querry is- whether dere is any section which provides strenth or legal right to second wife if first is alive.
I mean to say, is dere any thing which would go against first wife?
whether she can claim any share in husbands property?
when husband is alive or after his demise?
pls advice sir.
I realy in need of it
kavksatyanarayana
(Expert) 14 October 2015
@Author, there is no provision in the law when first wife is alive in sound mind, no one can marry a second marriage and it will be come under bigamy.
Rajendra K Goyal
(Expert) 15 October 2015
Second marriage while first wife is alive and without divorce provides no right to the second wife.
Rajendra K Goyal
(Expert) 15 October 2015
Repeated:
http://www.lawyersclubindia.com/experts/second-marriage-565576.asp#.Vh9Nvvmqqko
Shonee Kapoor
(Expert) 15 October 2015
Please understand VOID means the second wife does not get any legal status of wife. Hence no reliefs can be claimed by her.
This said; various courts have given some token relief in cases of long marriage and cohabitation, but they are exceptions and not rule.
Regards,
Shonee Kapoor
www.shoneekapoor.com
ABDUL RAZIQUE
(Expert) 15 October 2015
Yes second wife may claim her share in the husband property despite it no any law except on humanitarian ground and a leading judgement of supreme court that a couple living in a shelter of roof being treated as wife and husband. In 2013 A bench of Justice Ranjana Prakash Desai and Justice AK Sikri, in their judgement "such a woman is to be treated as the legally wedded wife" and passed an order of maintenance infavour of second wife.
T. Kalaiselvan, Advocate
(Expert) 17 October 2015
Legally since the second marriage during the subsistence of first marriage, is void, there is no marriage at all hence the second wife is not recognised as a legally weded wife in law, therefore she cannot claim any rights in his property.
