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Krishna (Se)     26 July 2009

Second marriage with First Wife's Acceptance

I came across this case recently. This man is central govt employee and his wife is also a central govt employee. this man wants to marry another lady because of various reasons to support her in all respects and to stay away from the nuisances of the society. and that lady is staying with the couple. his wife also supports it and she is having no problem in accepting the second marriage of her husband. the couple are married as per the special hindu marriage act. Now, what are the legal proceedings in this case? The couple dont want to get divorced. Can he marry that lady with his wife's acceptance and consent? Will it be legal? Will that new lady get right to his share property? Will there be any problem to their govt jobs?


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 9 Replies

Kiran Kumar (Lawyer)     26 July 2009

such a union is illegal.

 

the first wife can not permit the commission of crime.......it is nothin but adultery.

 

no hindu marriage can be solemnised if the spouse is living.

 

the second wife can ve rights under Domestic Violence Act and can claim Maintenance but she will not be having any rights in the property, though the illegitimate child may claim.

1 Like

A V Vishal (Advocate)     26 July 2009

Krishna

According to the Hidu Marriage Act, the marriage is void ab initio, as suggested by my friend Kiran it is adultery and law does not permit such a thing even with the consent of the first wife except under extraordinary circumstances where it is proved that the first wife cannot beget children etc... the couple will have to face penal consequences and there relationship will be illegitimate which will affect there children's future, so instead of taking a hasty step though it may be a bold one in the present circumstances narrated by you but it is an unwise decision taken by you.

2 Like

SURESH KUMAR GOEL (PROFESSION)     27 July 2009

 SIR,

HOW DHARMINDER ( FILMI HERO ) ,MARRIED WITH HEMAMALINI.

 

Mrs. Hetal Sunil Shah (Advocate)     27 July 2009

hon'ble kiran is right within purview of law

vikas (advocate)     27 July 2009

Mr. Kirans ans. Is quite rite. Second marriage is void acc. To sec. 11 of H.M.A. 2nd wife cant claim anything except maintenance. If any children born out of dat wedlock they can claim bcz. Sec. 16 of d same act provides legitimacy to that childrens. bt dat act is nt adultery wid in d preview of sec. 497 IPC.

Krishna (Se)     28 July 2009

thanks lawyer kiran, advocate vishal and all others for your replies.

their case is like that. what else these couple can try to get legal solution out of this as it is inevitable for them. as one of the suggestions mentioned in vishal's reply, they are also considering the option of proving that the wife is not fit for giving birth to child any more and it is genuine in their case. but the problem is they are already having a child. can they proceede with this option? are there any other legal solutions for their case, adoption etc? what are those exceptional options? thanks for your reply again.

Krishna (Se)     28 July 2009

in continuation to the recent message, money related and property matters are not at all the issues for the. keep the property issues a side, what else options they can opt for. thanks in advance.

N.K.Assumi (Advocate)     28 July 2009

Dear Krishna, Hon'ble Members have rightly answered your query. But let me also put it that it is not what Kiran or other Members said it, but it is the Law that said that such union is illegal and for Christ sake dont think that it is me who said it but the Law clearly said that it is adultery and the Law is not concern with the consent of the Wife. As for Suresh Ji, kindly ask Hema Malini and Dhramendra.

1 Like

Vedaa Mirazkar (98457 02459) (Lawyer)     30 October 2009

Yes - such union amounts to adultery, is considered illegal, right to property cannot be claimed by the 2nd wife, the couple will expose themselves to penal consequences....and above all, the children will be treated as illegitimate though eligible for share in the property.


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