Anand (Manager) 15 October 2013

Second marrige

Dear Team, Please let me kno what should wife do when she finds her husband married second time wit out her notice? this is a case were husband doesnt want his first wife and his three childrens (1son and 2daughters-all married) to enjoy his property and has got married second time. Wife has left living wit him for 5 years now and was thinking that he will understand his mistake and come back to her life but this never happened and now things has worsened further. now she doesnt want to continue wit him and wants to live seperately and want justice to her children in terms of property share. also please letme know will the second wife/childeren(already married and have two childeren of first husband) hav the same hold on his property? will it be divided to them also? can her husband be punished? if so wat will be the amount of punishment. since she stayed away from him for 5 years will the case be in the favor of husband?

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4 Replies

Sarvesh Kumar Sharma Advocate (Advocacy) 15 October 2013

Ingredients of 494 ipc are there!

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 15 October 2013

Marrying again during lifetime of husband or wife.-- Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine

T. Kalaiselvan, Advocate (Advocate) 15 October 2013

Anand,

A man marrying another woman when his previous marriage subsists and the wife of that marriage is alive, then the second marriage is invalid, null and void and he is liable to punished for an act of bigamy.Once such second marriage is invalid by law, the question of the second wife claiming share in his property does not arise and since she begotten her children through the husband of her previous marriage, such children do not have any legal status and claim from this person because he is neither a biological nor an adopted father of the said children. However, if the first wife proves that her husband married another woman, he can be sentenced to undergo punishment for a period of seven years in jail.

Adv Kalaiselvan

K.K.Ganguly (Advocate) 16 October 2013

1. The second marriage is invalid,

2. The so called second wife & her children will not get any share of his property after his demise,

3. He can be charged with Bigamy punishable for a term of 7 years,

4. However, if he has self earned property. he can gift/will or pass on his property to any body he wishes during his life time for which no body can object.