Illegal Second marriage
2 years ago
If a man marries a second time while her 1st wife and children are unaware and have kids with second wife, is the second marriage valid/legal? And if the man dies after that who can claim the right to have property? Is it the 1st wife and her children? Or is it the second?
A.The HMA does not recognize bigamy, therefore the second marriage is considered void. But the courts have taken cognizance of the second marriage in exceptional cases while dealing with maintenance under S.24. However, she is not allowed a claim at the property of the man, and only the first wife receives it. Children get an equal claim irrespective of whether they arise out of first marriage or second.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
If a man marries for the second time while his first marriage is intact. then the second marriage shall be considered void. The Hindu Marriage Act does not recognize bigamy in any form. However, the courts attempted to mitigate the plight of the second wife by allowing her maintenance under S.24 of HMA. Children belong to Class I heirs and will get a claim to property irrespective of the first wife or the second.
If it was helpful, then please rate my answer.
If a man marries for the second time while his first marriage is intact. then the second marriage shall be considered void. The Hindu Marriage Act does not recognize bigamy in any form. However, the courts attempted to mitigate the plight of the second wife by allowing her maintenance under S.24 of HMA. Children belong to Class I heirs and will get a claim to property irrespective of the first wife or the second.
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A.Dear Sir,
First wife and children can only claim properties of deceased.
First wife and children can only claim properties of deceased.
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Vaidehi Samant
Responded 2 years ago
A.Second marriage is illegal if first marriage persists and spouse is alive, however children born from the second marriage are considered legitimate with regards to obtaining necessary share in the property in case of death of their father. Thank you.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.second marriage is void.
second wife will not get anything.
second marriage children will get equal share with first wife and first marriage children.
second wife will not get anything.
second marriage children will get equal share with first wife and first marriage children.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.पहली शादी होते हुए दुसरी शादी हिन्दू मे नही की जा सकती है।यदि की भी जाती वह शून्य होती हैं।ओर दुसरी पत्नी का मर्तक की सम्पत्ति मे कोई अधिकार नहीं होगा।परंतु दुसरी शादी से उत्पन्न बच्चे अपने अधिकर क्लेम कर सकते हैं।
यदि आप को मेरि सलाह से लाभ मिला है।तो रेटिंग जरुर करे
यदि आप को मेरि सलाह से लाभ मिला है।तो रेटिंग जरुर करे
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Pardeep Kumar Dhiman Dhiman
Replied 2 years ago
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Tanmoy Chattopadhyay
Responded 2 years ago
A.Presuming you are talking about Hindu, the second marriage is not a legally valid marriage and therefore no consequences of marriage will follow expect the children from that marriage will have a right over the self acquired property of their biological father. But the right to that property will be only after the children of from the first marriage and therefore after the death if the father dies interstate (without any will) then the property will completely devolve on the children and wife of first marriage and the children from second marriage will get nothing.
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Nishant Singh
Responded 2 years ago
A.Hi,
Second marriage is null and void and if the husband dies without any will, then the 1st wife and her kids and kids with second marriage are having rights over the property.
The kids with second marriage must be maintained by the parents but they are not preferred inheritors or coparceners.
However, as per Supreme Court the children born of a second marriage can claim father's property even if the marriage itself might be void. But, the second wife cannot claim the property in case the marriage was solemnized when the first wife was living or wasn't divorced.
Thanks with regards
Nishant Singh(Adv)
Second marriage is null and void and if the husband dies without any will, then the 1st wife and her kids and kids with second marriage are having rights over the property.
The kids with second marriage must be maintained by the parents but they are not preferred inheritors or coparceners.
However, as per Supreme Court the children born of a second marriage can claim father's property even if the marriage itself might be void. But, the second wife cannot claim the property in case the marriage was solemnized when the first wife was living or wasn't divorced.
Thanks with regards
Nishant Singh(Adv)
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