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Murugaiya M (Business)     17 October 2009

2nd Marriage with consent from living 1st wife

If the 1st wife could not bear a child (medically proved) and gives a written consent and authorise the husband for the second marriage for the sake of a child... Will it be legal and valid...? 


 17 Replies


as per Hm act it is not possible for the HINDU. ONLY DIVORCE AND MARRY

Suchitra. S (Advocate)     17 October 2009

Sir, according to HMA, it is an offence of bigamy to marry another woman when the first marriage subsists. So, whtever may be the reason for marrying for second time, it should be followed by divorce to become valid. You must also note here that it is only the first wife who can file a case of bigamy against her husband and no body else can.
2 Like

Adv Archana Deshmukh (Practicing Advocate)     17 October 2009

Even if the 1st wife gives consent, the 2nd marriage, for whatever reason is void. Because for a valid marriage u/HMA, no party can have a spouse living at the time of marriage. So, without divorcing the 1st wife the 2nd marriage have no legal validity. However, children born out of the 2nd marriage shall have right in the property of the father.
1 Like

Adv ramesh chheda (prop)     17 October 2009

rather to go  for consent relationship she can go for surrogate mother contract and that way she can legalise illegal work

adv ramesh chheda - Mumbai


Suchitra. S (Advocate)     17 October 2009

Ramesh ji, but as of now we dont have laws for sarrogate motherhood in India.  It should not be a problem for the person asking for legal opinion.  Law is silent about such contracts now.

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     17 October 2009

what ever is not permitid is prohibited.

and 494 ipc is there.

1 Like



adv. rajeev ( rajoo ) (practicing advocate)     18 October 2009

In case of 2nd marriage with the consent of the Ist wife, the problem only arises when the Ist wife taken any legal action against the husand, otherwise no.

But 2nd marriage is prohibited.

Kiran Kumar (Lawyer)     18 October 2009

I agree with Suchitra Ji and Archana Ji.....good participation by all otherwise.

Suchitra. S (Advocate)     18 October 2009

Murugaiya ji,

I want to ask you one thing here. Whether the person wants a baby or a second wife? We have answered the position about second marriage. But if you really want a child, I suggest one should legally adopt a child and give a decent life. It is a noble gesture to give life to an abondened kid rather than having second marriage and inviting complications and fights ragarding property.

1 Like

Adv ramesh chheda (prop)     18 October 2009


with due respect i differ on this. This is a contract between two persons and is legal contract. No provisions are yet made out to say that it is illegal contract and therefore if what is not declared as illegal is to be considered as legal and further if there is no specific act to cover some acts then that acts is governed by general law and here in this case is that of contract Act.

Under contract act, any agreement unless it is not void are valid agreement. Further under the medical science this is common practice followed so it is universal practice getting legal approval .

thnx for u r comments and i think with open discussion ve can improve our visualisation in respect of any subject

adv ramesh chheda- Mumbai

Suchitra. S (Advocate)     18 October 2009

Ramesh ji,

Thanks for your opinion. After going through your views, I did some search and now came with the following findings. With the introduction of Assisted Reproductive Technology (Regulation) Bill and Rules, 2008, which legalises commercial sarrogacy, stating that sarrogate mother may recieve monetory compensation for carrying the child in addition to health care and treatment expenses during pregnancy.

1 Like

Adv ramesh chheda (prop)     19 October 2009

suchitra ,

rather i must thank u to provide me such an important information and helping me to update with this issue.

let us interact from time to time and keep updating ourself.

Let me provide u one more clue about law. I have define law as nothing but a logic. So to  be more powerful practicing lawyer, improve upon your logical power, in turn, automatically u will be fine with u r subject. This is my personnel opinion and i belive there may be different view on it . One more additional tip - if u wish to be expert at logic than learn any computer language and programming through the said language.

Thnx a lot for sharing an important imformation and for taking great pain in serching for relevant information. 

with regards

adv ramesh chheda - Mumbai

Murugaiya M (Business)     19 October 2009

We wholeheartedly thank all the partcipants for their valuable contributions and throwing light on this sensitive social issue. 

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