Upgrad LLM

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...? 

 
Reply   
 
ADVOCATE & DIRECTOR

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

 
Reply   
 


Advocate

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.

Total likes : 2 times

 
Reply   
 
Practicing Advocate

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.

Total likes : 1 times

 
Reply   
 

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

9870112826

 
Reply   
 
Advocate

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.


Total likes : 1 times

 
Reply   
 

what ever is not permitid is prohibited.

and 494 ipc is there.


Total likes : 1 times

 
Reply   
 
ADVOCATE & DIRECTOR

SAESH JI WELL SAID

 
Reply   
 
practicing advocate

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.

 
Reply   
 
Lawyer

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

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x