family disputes

harish (Querist) 27 November 2009 This query is : Resolved
why in her husband property second wife dont get her share and second wife is still alive

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niranjan (Expert) 27 November 2009
If the first wife is dead and a person marries again in that case she is not second wife.Otherwise when first wife is alive,how a hindu can marry second wife?

A V Vishal (Expert) 27 November 2009
Under the Indian Marriage laws, a hindu cannot marry when his first wife is alive except under certain exceptions. In criminal law it is a crime and the man can be charged for bigamy and further in matrimonial law such marriages are void ab initio and hence illegal too. In case of an illegal marriage the rights does not flow to the illegal wife.

Sachin Bhatia (Expert) 27 November 2009
If the first wife is alive and husband marry again the second marriage is voide, so second wife did not have the right to get share out of a voide marriage.

prakash vathore (Expert) 27 November 2009
because second marriage is not permitted in the law, if the first wife is alive.
it means second wife is not the legally weded wife hence she does not become the heir of her husband and hence can't get the share in property.

adv. rajeev ( rajoo ) (Expert) 27 November 2009
According to Hindu law second marriage is void during the life time of the Ist wife. She is not legally wedded wife. So she is not entittle to claim the share.

sanjeev murthy desai (Expert) 27 November 2009

I agree with the above opinions, but last week Hon'ble supreme court held that " second wife can claim the all equal rights in her demised husband"

Poonam Upadhyay pathak (Expert) 27 November 2009
I agree with the above opinions.

Arvind Singh Chauhan (Expert) 27 November 2009
If the marriage took place before 1955. She is valid wife and may get share.

Raj Kumar Makkad (Expert) 28 November 2009
I agree with the opinion of all experts on the subject.

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