Second wife has right to property or second wife daughter
chinnu
(Querist) 03 August 2016
This query is : Resolved
Hello sir,
I have married on 15/8/2011 and i have stayed for one year with her.and i have a boy. Ihave married other girl and there is no contact with the first girl and i have not stayed for the past 4 years.I am living with 2 nd wife.My first wife and i both are state govt employes.My second wife had a daughter.
My question is did my second daughter can have right in my ancestors property.what abt my own property.
How can i get divorce?
now my 2nd wife and i am staying with my own family.
without contact with my first wife how many years can i get divorce.
How can i protect with my first wife.
pls advice me
Ms.Usha Kapoor
(Expert) 03 August 2016
Dear Client,
Your 2nd marriage is illegal,NULL AND VOID.. Your daughter through 2nd wife is legitimate and have a share in your ancestral as well as your own self acquired property. IF you'd any children to the first wife you should pay maintenance to them them till they are majors or daughter is 25 years old and son is 21 years old. Since you say YOUR SON THROUGH THE FIRST WIFE IS LIVING WITH HIS MOTHER. hE GETS MAINTENANCE RIGHTS FROM YOU
TILL HE IS 21 YEARS OLD OR TILL HE IS GAINFULLY EMPLOYED WHICHEVER IS Earlier.. yOUR SON THROUGH 1ST WIFE AND YOUR DAUGHTER THROUGH 2ND WIFE HAVE RIGHTS IN YOUR ANCESTRAL PROPERTY AS WELL AS YOUR SELF ACQUIRED Property. IF YOUR FIRST WIFE AGREES BOTH OF YOU CAN FILE SECTION 13 B HMA PROCEEDINGS or DMC proceedings in Family court.If you appreciate this answer please click the thank YOU BUTTON ON MY PROFILE.
Devajyoti Barman
(Expert) 03 August 2016
Since the second marriage is null and void the second wife has no share in the property even after your demise.
However the daughter being illegitimate has share in the property.
Do note that bigamy is a criminal offence and if this brought into the knowledge of your employer both of you can very well lose the job.
For divorce you have to file a suit for divorce and seek it on the ground of mental cruelty.
Kumar Doab
(Expert) 03 August 2016
Experts have illustrated.
You can benefit from the advise of ecxperts.
adv.bharat @ PUNE
(Expert) 03 August 2016
Nothing to be added.
Expert had explain every thing in precise manner.
Rajendra K Goyal
(Expert) 03 August 2016
Agree with the expert Devajyoti Barman.
Guest
(Expert) 03 August 2016
Mr. Chinnu,
Yours is purely an academic question, but with all irelevant queries!
By the way, when you are alive, with what objective, you have asked the question about the right of your 2nd wife and her daughter for your property or your ancestral property?
For your divorce problem, you may hire some capable lawyer in your own town.
Kumar Doab
(Expert) 03 August 2016
The experts have duly explained and given pointers.
Settle the matter amicably.
You were fully aware that you can't marry but still have married.
Settlement is a small price for misconduct.
This is just out of the way.
Rest is upto you.
Shonee Kapoor
(Expert) 04 August 2016
Sir,
You have not told which religion you belong to. Unless you are a muslim and both marriages are performed as per Sharia, the second marriage is void ab initio. The experts are replying to your queries based on an assumption that you are a Hindu. Also, in Muslim there is no concept of Ancestral Property.
However, as per the SC guidelines the second daughter would have the same status as the first son and she can not be excluded from the Ancestral Property.
Also, rightly advised, get Divorce through Mutual Consent. Even after divorce the son from the first wife can not be excluded from rights of his share in Ancestral Property.
You can will your property as you like and no one can question that.
Regards,
Shonee Kapoor
www.shoneekapoor.com
chinnu
(Querist) 07 August 2016
Sir i am an hindu but married in christian (In church )
ON what grounds can i file for divorce ?
I belongs to sc and she belongs to OC Christian .
advocatepassy@gmail.com 971794
(Expert) 09 August 2016
Agreed with Ms Usha Kapoor, Devjyoti abhar man and Shonee Kapur. If your first wife complaint against you, you could even loose your job. Second marriage is not marriage at all in the eyes of laws, as you had a spouse living. It is bigamy and punishable.
advocatepassy@gmail.com 971794
(Expert) 09 August 2016
Agreed with Ms Usha Kapoor, Devjyoti abhar man and Shonee Kapur. If your first wife complaint against you, you could even loose your job. Second marriage is not marriage at all in the eyes of laws, as you had a spouse living. It is bigamy and punishable.
advocatepassy@gmail.com 971794
(Expert) 09 August 2016
Agreed with Ms Usha Kapoor, Devjyoti abhar man and Shonee Kapur. If your first wife complaint against you, you could even loose your job. Second marriage is not marriage at all in the eyes of laws, as you had a spouse living. It is bigamy and punishable.
advocatepassy@gmail.com 971794
(Expert) 09 August 2016
Agreed with Ms Usha Kapoor, Devjyoti Burman and Shonee Kapur. If your first wife complaint against you, you could even loose your job. Second marriage is not marriage at all in the eyes of laws, as you had a spouse living. It is bigamy and punishable.
