Legal meaning of second wife.

How you are concerned ?

The query is in relation to a set aside suit filed by the wife aginst his step son's family for fraud, forgery....

The step son was aged 3 years when he lost his mother, and he was brought up by step mother  (who herself was aged 10 years then)  The step son expired at the age of 80 years.

She is aware of the fact that her husband has earned properties after his retirement and kept the properies in the name of step son to avoid succession problems.

The sale deed was written in clumsy manner, and running to several pages, and for 4o yeas no one bothered to read the title deed.

It has come to light that the sale deed was styled as partition deed in 1951, from an unknown relative of his own mother and his family sold properties stating that it is self acquired property.  The  property was sold in the name of his own father in law, both were living together before, during, and after such sale.  The sale to his father in law has come to light, when the property owners went for partition of the said property through Court.

In every suit proceeding from defendant, they are every time using that plaintiff is second wife, several times openly in the court.  Their contention is that the property being partition property from his own mother's unknown relatives, before enactment of Indian succession act is his self acquired property, and as such step mother and her child  is not eligible for any share.  The 94 year plaintiff is being very much heart not for the loss of property, but for cheating and being called as second wife time again.

Hence to know as to to who is second wife legally, this query was solicited from experts.

Agreed.  Legal meaning of second wife among Hindus is keep or concubine.

It appears that marriage of the plaintiff happened before enactment of Hindu Marriage Act, 1955. If that is so, so far legal rights are concerned both first and second wife have equal status qua proerty rights, prior to Hindu succession Act, 1956.  Other wise also, the descripttion shows that the plaintiff married the  widower, after his first wife expired, so that there is no legal disability to such extent.  Whether it is a self acquired property or ancestral property or partition happend or sale deed happened, whether any partition took place before 20.12.2004 (S.6 of HSA) are questions of dispute can be resolved by evidence.  In my opinion, whether she is called as second wife, would not disable her legal rights, even though emotionally it may hurt her.

The question of legal rights is not the main  issue. The fact is that a stepson, while  purchasing the property with father's money at the age of 18 years, he styled the sale deed as partition deed from his unknown mother's relatives side. Absolutely there is no relationship between the co-sharers and both are strangers.  He has lost his mother at the age of 3 years and never even visited the city till the age of 18.   No one in the family cared to read such deed.  The son even boasted that he could reduce the stamp fee. All are not aware as to the vast difference between a sale deed and the secret meaning of partition deed from mother's side, to call it as self acquired proeprty.  This is also before enactment of Indian Succession Act, when reversion is the law.

If a widower marries a woman, whether she can be called as second wife in all proceedings again and again is the issue.

The understanding and decency  is that  a legally wedeed wife of a widower is always a wife and there should not be numbering as second, third.  As some advocate friends use the word repeatedly in open court and in every proceeding, it hurts.  This is the main issue.

Against this background, the query as to who can be called a second wife.

This is the exact query Who is second wife ?

. Whether a woman married to a man who lost his wife   

or

When marrying a man when he is having a wife.  

The subsequent queries on what is the concern etc., is leading to some other discussions.  This is just one point answer solicited.
 

Originally posted by : G.L.N. Prasad
	The question of legal rights is not the main  issue. The fact is that a stepson, while  purchasing the property with father's money at the age of 18 years, he styled the sale deed as partition deed from his unknown mother's relatives side. Absolutely there is no relationship between the co-sharers and both are strangers.  He has lost his mother at the age of 3 years and never even visited the city till the age of 18.   No one in the family cared to read such deed.  The son even boasted that he could reduce the stamp fee. All are not aware as to the vast difference between a sale deed and the secret meaning of partition deed from mother's side, to call it as self acquired proeprty.  This is also before enactment of Indian Succession Act, when reversion is the law. If a widower marries a woman, whether she can be called as second wife in all proceedings again and again is the issue. The understanding and decency  is that  a legally wedeed wife of a widower is always a wife and there should not be numbering as second, third.  As some advocate friends use the word repeatedly in open court and in every proceeding, it hurts.  This is the main issue. Against this background, the query as to who can be called a second wife. This is the exact query Who is second wife ? . Whether a woman married to a man who lost his wife    or When marrying a man when he is having a wife.   The subsequent queries on what is the concern etc., is leading to some other discussions.  This is just one point answer solicited.

The above explanations given by learned members are correct.

Whether a wife is called wife of a widower in open court.

or

Second wife. Both are correct.

When first wife passed away, the left over husband will be called widower.

If the widower marries again, the wife of the widower will be called the second wife of the widower or the widower's wife.

It is quite interesting that a old bum of 80 odd years also feels the pinch when someone terms her as "SECOND WIFE".

BUT the fact is she is THE SECOND WIFE OF THE WIDOWER HUSBAND.

In India the second wife is seen as a keep/concubine even before enactment of Hindu Marriage Act and Indian Succession Act.

Certain things wont change in this country, proof of that is the above case, where nobody would want to be SECOND WIFE or even termed as SECOND WIFE.

SECONDS ARE defective ones, isnt it?

My advice:

Let the old lady be made understood basic maths.  Her number is 2, and she will always be the SECOND WIFE to whoever she married.

Certain things wont change in this country, proof of that is the above case, where nobody would want to be SECOND WIFE or even termed as SECOND WIFE. 

Now we are living in modern times and one should address another decently.  It is left to individuals, as the general understand it that when you have more than one, you call one, two , three like that for identification purposes, and this is different from addressing.

Coming to her issue, she was one in 8 sibblings of her father, got married at the age of 10 and became a mother for 3 years boy and one year old daughter.  May be perceptions differ depending on individuals, as even when widower marries, every one calls her Mrs.  and  introduce her as wife of so and so, and not as second wife of........in case of legally wedded incidents.  Because of these introductions again and again as second wife, she refused to come to court for further cross examinations, and not bothered about loss of Rs.10 cr property , though she has established with evidences the fraud and forgery by submitting those documents and through admissions in earlier case.

The case is not simple as first to get the sale deed of 1971  cancelled and obtaining declaration, and then going for partition suit.  She can not combine these two  as it involves huge court fee at market rate. 

I do not know when a widow marries again, the second husband will be addressed in correspondene / proceedings as second husband of  so.....and so...

Yes, she is the legally wedded wife; it is unnecessary to describe her as the "second wife". Such a usage is bound to distract the proceedings. An application could be moved under Order VI Rule 16 to strike out the demeaning term.

@P.Venu    This is the reply what I expected from learned members.

Originally posted by : Ramesh Singh
	In my opinion 'wife' is not a name, its an relationship with one to designate. Nobody can pronounce as 'late wife' and if 1st wife is not alive then no counting legally, you can count as 1st or 2nd marriages. So if widower marry again then the woman is designate as 'wife' and not 'second wife' Or in simple understanding by sociology, you are not allow to write/namable as "Second W/o Mr./shri./Late ABC.

Oh you are such a buddhu. I love your buddhuness.

And I salute whoever liked your remark regarding second wife.

Even if wife no. 1 died and man remarries, the new wife will be called as second wife only. You can check locally.

So if someone asks what happened to previous wife, he will say, which one? First one? Oh she passed away.  Ah ha.. so now you have new wife? Ya, had to marry.. so on and so forth.

Nobody will write on envelope WIDOWER MR SO AND SO.

WIDOW SO AND SO.

SECOND WIFE SO AND SO.

CHILDREN OF SECOND WIFE SO AND SO.

If man marries 2nd time wife will be called second wife only. not third wife.