Second marraige
Bhaskar
(Querist) 18 July 2008
This query is : Resolved
Hi,
My cousin sister aged 40 years is married and doesn't have children. Her husband want to marry another girl to have children and is forcing my cousin to accept for this proposal. She is against for this proposal and suggesting to go for adapation. However her husband and their family members are harassing her to accept for second marraige and have finalised plans for second marraige. Can you suggest what my cousin should do in these circumstances.(She does'nt want to separate from her husband)
SANJAY DIXIT
(Expert) 18 July 2008
Dear Bhaskar,
There is no question of seperation.
According to Hindu Law second marriage in lifetime of first wife (without a divorce) is null and void ab initio ie since the starting.
Your cousin should oppose strongly for this.
Srinivas.B.S.S.T
(Expert) 19 July 2008
I am very sorry for your cousin but this is the common problem in our hindu society. You havent mentioned whether your cousin and her husband underwent medical tests or not? if so which one of them has problem. In these modern days of IVF havinf children is almost all a game. Please advise your cousin and her husband to consult a IVF clinic.
K.C.Suresh
(Expert) 19 July 2008
The second marriage is null and void is correct. The child of the second lady will not acquire any right over the property of the husabnd of the orginal wife.
The issue now facing by orginal wife is a factual one and a remedy through pen may not give a releif. From the avialable details i feel that the wife can move for separation and maintainance if he proceeds on the wrong path. The law is still not apt enough to deal some unfortunate situations. God bless the wife.
arunprakaash.m.
(Expert) 21 July 2008
Your cousin sister has every right to safeguard her interest to protect her married life. She can restrain her husband by filing complaint under section 494 of IPC.
Bhaskar
(Querist) 21 July 2008
Thank you all for your suggestions
kumar sachin
(Expert) 26 July 2008
ur cousin should oppose it strongly and if they do not mend their ways then she can take action as provided in domestic violence act
