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Radhu (Manager)     27 April 2011

Marriage with a man who has a legal wife

My cousin is going to marry a man who is having a legal marriage as they are in love and he is not having any child in his 11 yrs married life. But the problem is he is not ready to divorce his wife and he wants to do this with out his family's consent.she beleives that he will take good care. We are afraid tht she wont get any validity for tht, my question is tht if they have children in future, will they get any right on his properties? If he took some policies or smthng and nominate them, will they be able to get it if smhtng happens to him? Wht she wants to do in this case.Kindly advise me in this problem as my cousin is not ready to avoid this relationship.What have to do to make a safe life for her.He is working in a gulf country. Please reply me.



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 19 Replies

Tajobsindia (Senior Partner )     27 April 2011

@ Author

1
. Not a valid marriage
2. Illegitimate children are eligiable for property rights and other upkeep benefits.
3. Not advised to go in for.
4. Nomination does not help once he is gone in the absence of any WILL of his. Simple nomination is not legal to claim benefits as per Law.
Reasoning:
Suppose this friend of your is not able to bear due to any freak of nature a child for this already married person then what will happen, ask her to think on these lines too probably she will back out and it is better to marry a person without any pending lien.

SandhyaSrinivas (Advocate)     27 April 2011

Bigamy  -  Second marriage during the subsistence of the first marriage is illegal in India and the relationship arising from the same does not have any validity. One of the conditions for a valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the party should have a spouse living at the time of the marriage. Under Section 11 of the Act, second marriages can be declared null and void.

 

              Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both. For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both.

               As for the second wife, though she is not entitled to any kind of right or share in the husband’s property, she can also claim interim maintenance from her  husband. In Laxmibai v. Ayodhaya Prasad, it was held that ‘wife’ and ‘husband’ used in Section 24 of the Hindu Marriage Act are not be given strict literal meaning. The expression should mean a person claiming to be wife or a husband. 

                In Rajesh Bai v. Shantabai, it was held that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under section 25 of the Act. Interim maintenance under Section 20 is also allowed. 

               The children from the second wife are entitled to share in their father’s self –acquired property. 

             counsel your cousin about the status of her marriage and if the first wife files any complaint of Bigamy about her husband after knowing their marriage, he has to face all the said consequences of Bigamy.


2 Like

adv. rajeev ( rajoo ) (practicing advocate)     27 April 2011

During the life time of the first wife if a person goes for second marriage, it is invalid marriage.  If children born out of void marriage those children are enittle to claim the share in the share of the father but not in the ancestral properties of the father.

If he wants to your cousin he has to take the permission from the first wife, her consent is necessary.

swayamjeet sharma (law)     27 April 2011

in hindu bygamy is nit allow

prasanta kumar parida (sr. consultant)     27 April 2011

plz. disclose as to which religion your cousin & her fiance belongs to?because personal law difers from religion to religion.Assuming that they are Hindu,your cousion can not be treated as the legal married wife unless  the existing legal wife is divorced.Yesin the event of his death, the children(ilegitmate) can suceed to the properties left by him

Radhu (Manager)     27 April 2011

Both of them are Hindus

Tajobsindia (Senior Partner )     27 April 2011

Originally posted by :prasanta kumar parida
"
plz. disclose as to which religion your cousin & her fiance belongs to?because personal law difers from religion to religion.
"

Immaterial since binding precedent plays role;

Re.: https://www.indiankanoon.org/doc/733037/

Arup (UNEMPLOYED)     27 April 2011

he is not ready to divorce his wife

----   IT CREATS SUSPICION. IF HE DONOT GETTING DIVORCE OR AFFRAID OF THE HEAVY BURDAIN OF MAINTENANCE, THE MATTER UNDERSTOODABLE BUT WITHOUT SUFFICIENT REASON, HE NOT SHOWING INTEREST ON DIVORCE IS SUSPISOUS. IT SEEMS HE IS PLAYING WITH YOUR COUSIN.

Ravikant Soni (LAWYER IN JAIPUR)     27 April 2011

I do agree 

Arup (UNEMPLOYED)     27 April 2011

going to marry a man who is having a legal marriage

-----     IF THEY SOLEMNIZE THE MARRIAGE IT WILL BE A PUNISHABLE OFFENCE UNDER SEC 494 OF IPC.

BE CAREFUL OF IT, QUITE UNNECESSARILY THEY ARE INVITING PROBLEMS.

IPC 494. Marrying again during lifetime of husband or wife.

IT IS BETTER EITHER THEY DO NOT SOLEMNIZE THE MARRIAGE AND STARTED LIVE IN.

OR ACCEPT ISLAM ( BY BOTH ) AND GET MARRIED UNDER SHARIAT, IT WILL BE LEGAL.

LIVE IN MAY BE A PROBLEM FOR Arab country. islam has religious objection on it. 

Arup (UNEMPLOYED)     27 April 2011

he wants to do this with out his family's consent.

 

---   consent of the first wife has no legal value. she can not give consent but may agree on mutual divorce.

Arup (UNEMPLOYED)     27 April 2011

if they have children in future, will they get any right on his properties?

 

yes equal right with other children.

Arup (UNEMPLOYED)     27 April 2011

If he took some policies or smthng and nominate them, will they be able to get it if smhtng happens to him?

 

yes undoubtly. no bar for it. but checked whether the nominee form filled up properly or not. if it is not filled up properly, first wife may claim.

Suchitra. S (Advocate)     27 April 2011

I go with tajobsindia with regard to policies taken under nomination faiclity. They will not help without a will to that effect. Other things already dealt by other members as well.

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