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
Rudrawar Narayanreddy
(Expert) 15 October 2015
there are judgements that the second wife is entitled for maintenance except that maintenance second wife will not be entitled for any other benefits as share etc.
where as Ist wife is also not having right in property as on today unless the proposed legislation during upa regime is brought into act.
But the Ist wife is having children along with children if belongs to the mithakshara hindu family is entitled for a share equal to that of a son at the time of partitin between father and son. Gurupadappa Khandappa judgement of the apex court says so.
so if no children the Ist wife cannot seek share in the husbands property either slef acauired or ancestral during his life time.
Rajendra K Goyal
(Expert) 15 October 2015
Repeated:
http://www.lawyersclubindia.com/experts/second-marriage-565586.asp
T. Kalaiselvan, Advocate
(Expert) 17 October 2015
Query repeated, you may visit the previous thread wherein your same query was answered by many more experts.
