govind (engineer) 16 June 2012

Second marriage after first wife left husband

Hi ,

My Brother has married in 1994-95. She assaulted husband and left the family. There were multiple attempts to bind the relationship. She assaulted beaten husband and even bite husband. Including the citizens of her village left this situation with pain.

Today they are planning to seek the share of the property which I have earned with my job. I have constructed the house for my parrents and I have two acres of land came to us from ancestor property.

With All this My borther has got married in 2001 in absence me and my parrents. This marriage is done throught my maternal uncle and he passed away 8 years ago.

Unfortunelty I have lost my brother and second wife is staying in seerate house from last 8 years.

I want to know how we can fight this if first wife file crimanl case.

Is there anyway that first wife can file case againsts my parrents and on me and how I can protect my parrents from this issue.

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4 Replies

(Guest)

Are you talking in future? she has no right on his brother's property.

Originally posted by :Ashish Davessar

Your brother committed the offence of bigamy punishable under S.494 IPC. The second marriage is void for it being contracted during the subsistence of the first marriage. His first wife would get an equal share in the self acquired property of your brother(if any)in case no will has been made by him during his lifetime. Also, she and the children born out of the wedlock(if any) would get in equal terms his share in the ancestral property. The possibility of her filing a criminal case now is very remote.

shivendra sachan (advocate) 18 June 2012

the first marriage of your brother was not dissolved at the time of second marriage, it is still existing, so your brother has committed bigamy, and previous wife is entitled her share in the property of her husband which he would get from his father. so now she may claim on the ancestral property, but she has no share in your self acquired property.