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vasanthakumar (Assistant project engineer)     20 December 2011

First wife divorce and second wife married

Dear all,
I need urgent clarification about this topic.
In my friend father married (x) women and some year later he divorce and he give compansation also. And then he married another women (y) and some year later he married that (x) women. Now the first women (x) ask his property also. What the rights for second wife in his property.

Note-
First wife having divorce and second marriage certificate.

Second wife having only marriage registration for issued by hindu temple only they dont having indian marriage certificate



Learning

 3 Replies


(Guest)

your query is not clear.did he mary 3 times?first to X, then Y , again to X?

Shantanu Wavhal (Worker)     21 December 2011

In my friend father married (x) women and some year later he divorce and he give compansation also. And then he married another women (y) and some year later he married that (x) women. Now the first women (x) ask his property also. What the rights for second wife in his property.

this statement is not clear (actually its too confusing).

Still, following may be useful for u.


First wife having divorce and second marriage certificate.

is divorce from first wife obtained from court ?? - if no, its not a valid divorce.

is there divorce decree ?? - if no, its not a valid divorce.

is maintenance granted by court / decided extra judicial ?? - if no, this compensation is not full & final.

if this divorce is out of court, then it is not valid and first wife is the legally wedded wife. she is having all the rights of a lawfully wedded wife, including right on property.

Second wife having only marriage registration for issued by hindu temple only they dont having indian marriage certificate

 

second marriage is as per Hindu rituals. this marriage, though not registered will be treated as valid marriage (if divorce from first wife is obtained from court).

absence of registration of marriage does not make a Hindu marriage void / illegal.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

The re-marriage with X is void ab-initio.

 

She can not lay any claims.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

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