Marriage without Divorce
srinivas
(Querist) 06 July 2011
This query is : Resolved
Sir/Madam,
I want to know the situation of a woman who is having a illegal relationship and didn't got divorce from her first husband till now and at the same time the man also didn't got divorce from his legally married wife. Can she be treated as wife? Does the children born to her by virtue of the marriage with the first husband can treat as the legal sons and heirs of the second person. She is not having either her divorce decree with her first husband nor marriage certificate with the second person except CGHS declaration and nomination filed with the employer.Her first husband is still alive
Guest
(Expert) 06 July 2011
she cant be treated as wife as if she files for case i.e, maintenance ...she cant claim for that.so, she cant protect her rights.Husband can take divorce by giving proofs.
yes, their sons are legal sons.
For second marriage ,first take a divorce from him.That's the law.
R.Ramachandran
(Expert) 07 July 2011
According to the author, the lady does not appear to have got any children through the illicit relation. What is being asked is, the illicit husband has died and whether the children born to the lady through her legally wedded husband can be treated as children of the illicit husband. The answer to this query is a Flat "NO". Neither the children born through the first legally wedded husband, nor she can be treated as the legal children/wife of the illicit husband.
prabhakar singh
(Expert) 07 July 2011
Expert : R.Ramachandran has rightly opined
Dr. Imran Ahmad, MOZA
(Expert) 08 July 2011
Mr. Srinivas,
I think there may be different laws in one another state please recheck the state and the issue.
Regards.
