Marriage without divorce first wife

1. No rights of any type is available to so called Second Wife & her Daughter, more so since said Daughter is not daughter of so referred Second Father.  This is possible in USA & UK.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hello,

One cannot marry any other person whilst already being married to someone. In your case, there are two outcomes of your question:-

1. Since you never divorced with your first wife, your second marriage stands invalid. The Hindu Marriage Act prescribes that it shall be lawful to marry again only after divorce is granted in the first marriage. Under Section 15 of the Hindu marriage act, the divorced person can marry again when a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed.
2. Under section 6 of Hindu Succession Act, 2005, daughters are now given equal right in the family property as the sons. The act states that adopted and illegitimate children can also have a say in the father’s property. Hence in the present case, your second wife’s daughter will have a say in her biological father’s property only and not her second father’s property because, technically, she is not her daughter either biologically or by adoption. It has even been stated that only the daughters who are born in the family, will get the coparcenary rights. Other female members, who come into the family by virtue of marriage, are still treated as members only. Thus, they are not entitled to ask for the partition but are entitled for maintenance and shares as and when partition takes place.

Hope this clarifies your doubt!

Regards

Palak Singh

You have not been able to convey what you want to ask.

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