Blood relations

shyam lal (Querist) 18 January 2023 This query is : Resolved
My brother has married for the second time while his first wife is living with him physically along with adult earning siblings with out their consent.

Query

Is there any Legal remedy for other blood brothers can take legal action against this antisocial/society. activity.. by other elder brothers...

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Quick Summary

This discussion addresses the legality of a man marrying a second time while his first wife is still alive and living with him. Under Hindu law, such a second marriage is considered void, and the first wife is the only one who can initiate legal action. The second wife has no claim to the husband's property. However, if the husband converts to Islam and marries a Hindu woman, the marriage may be legal if registered under the Special Marriage Act, 1954. No legal action can be taken against the first wife for not disclosing the second marriage.

kavksatyanarayana (Expert) 18 January 2023
His married wife other than his brothers must complain against her husband if she feels anything. The elder brother may warn him and amicably settle the issue.

Sudhir Kumar, Advocate (Expert) 19 January 2023
No action will be possible without complaint of wife.

Advocate Bhartesh goyal (Expert) 19 January 2023
First wife alone can initiate legal action against her husband and none other can take any action in this regard.

shyam lal (Querist) 19 January 2023
In continuation.. Can the second wife claim her share in husband immovable property.

Advocate Bhartesh goyal (Expert) 19 January 2023
No, since marriage of second wife is not legal so she will not be entitled to get any share or righy in her husband's property ( immovable & movable ) .

Sudhir Kumar, Advocate (Expert) 19 January 2023
Hindu law does not recognise any entity like "second wife". One is either "wife" or is not so.

Marriage without death/divorce of 1st spouse is not valid.

shyam lal (Querist) 20 January 2023
Attention Advocate Sudhir Kumar thanks for the reply.. Further what if the husband for the sake of marriage converts to Islam and marries a Hindu women (second wife) Which law does this type of marriage stands Legal & valid.

kavksatyanarayana (Expert) 20 January 2023
If he converts to Islam and marries a Hindu woman, then it shall be registered under Special Marriage Act, 1954 is legal and valid.

Advocate Bhartesh goyal (Expert) 21 January 2023
Aggrieved person ( first wife ) can challenge her husband's second marriage by filing suit to get declare second marriage void as her husband has adopted Islam Religion with ulterior motive to get married only.

shyam lal (Querist) 22 January 2023
Thanks expert Goyal for the reply.. one final question.. for the past 18 years the first wife did not go public about the' Second wife'
Now coming to know the second wife story.. Aggrieved relatives wish to take legal action against the first wife for concealing the fact..
Query..what appropriate legal action one should take against the first wife .

Advocate Bhartesh goyal (Expert) 22 January 2023
None can initiate any legal action against first wife for not disclosing the facts regarding her husband's second marriage for long time.

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