Second marriage
Querist :
Anonymous
(Querist) 22 September 2011
This query is : Resolved
Hi,
One of my friend who had done registered marriage with a man , who has son of 14 yrs old and wife of 40 yrs old.
She had married with the document mentionign that his first wife doesn't have objection for his second marriage due to her health problems.
My friend live in abroad with her husband for the past 7years and now she had come with the following issues.
1. Is she marraige is legal?.
2. what about hers rights on the property owned by her husband?
3. what about his rights on her property owned by her?.
4. will his first wife still have rights and ask for property etc?.
note that this fellow was living with my friend for more than 7 years and has no relation with his first wife except taking care of their financial issues regularly.
pls. advice.
thanks,
krishna
R.Ramachandran
(Expert) 22 September 2011
1. Any marriage by an Hindu, while the spouse is living is invalid. (This despite any consent given by the living and subsisting wife).
2. Your friend who married a man when his wife was still alive, has no right over the properties owned by that man (he is not legally her husband nor she his wife).
3. The man in question does not have any right over the properties owned by your friend.
4. Only the man's first and living wife is still the legal wife and she is the legal heir of the man in question.
5. The fact that the man is with your friend for 7 years (it may even be 70 years) or not having any relation with his first wife has no bearing whatsoever and in no way give legitimacy to the relationship which your friend has with that man.
ajay sethi
(Expert) 22 September 2011
1)no marriage is not legal
2) secondf wife has no rights over husband property
3) hedoes not have rights over property of his second wife
4) first wife has all rights over property
Raj Kumar Makkad
(Expert) 22 September 2011
I have similar opinion as of both the experts.
Sailesh Kumar Shah
(Expert) 22 September 2011
I also agree with opinion of both experts.Nothing to add further.
Shonee Kapoor
(Expert) 22 September 2011
All experts have given an answer, if the parties are Hindu,
however if they are muslims the marriage is valid and all rights accrue to her as well as that of first wife.
Regards,
Shonee Kapoor
Chanchal Nag Chowdhury
(Expert) 22 September 2011
1. No. it is illegal.
2. Nowadays the SC of India is going to absurd heights for enforcing alimony even in live-in relationships. So, don't worry.
3. Nothing.
3. Yes, Over his property. However, any issue born of 2nd wife will have a right in his father's property.
All the above statements have been made considering that the parties are not Muslims.
It is advisable that your friend should check the local laws of the country where she is now.
prabhakar singh
(Expert) 23 September 2011
1. Is she marraige is legal?. NO!
2. what about hers rights on the property owned by her husband? NONE,NO RIGHT AVAILABLE BY INHERITANCE UNLESS WILL IS CREATED FOR THE PURPOSE.
3. what about his rights on her property owned by her?. NONE,NO RIGHT AVAILABLE BY INHERITANCE UNLESS WILL IS CREATED FOR THE PURPOSE.
4. will his first wife still have rights and ask for property etc?.IF HER HUSBAND DIES INTESTATE WITHOUT MAKING ANY WILL IN OTHER'S FAVOR,SHE WOULD HAVE ALL RIGHTS UNDER LAW OF INHERITANCE.
an IMPORTANT NOTE.....this answered is based on presumption that parties are HINDU/or subjected to HINDU MARRIAGE ACT.
M/s. Y-not legal services
(Expert) 22 September 2011
