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second wife of a hindu male

SENIOR MANAGER(Retd) Nationalised Bank

what is the staus of second wife and her childrenof a hindu male, when the first wife is alive?

what is the status of second wife and her children of a hindu male , when the first wife is not alive.?

what is the status of a second wife and her children of a hindu male, when the second wife is married after the death of the first wife?

 
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student

a person can not have 2 wifes at a time at a time.

a person can not legally marry to another women unless and untill taking divorce from first wife. therefore at no point of time a Hindu can have 2 lwedding wife at same time

 
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Practicing Advocate

 When the first wife is alive,  the second marriage of a hindu man is void. The children born out of such marriage are considered as illegitimate. 



 

If the marriage with the second wife was performed when the first wife was alive,  then the marriage won't become valid on the death of the first wife.



If the marriage with the second wife was performed after the death of the  first wife,  then the marriage is perfectly valid and the children are legitimate.

 
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Advocate

Archna g section 16 gives the children of a marriage which is void due to section 11 r/w 5(i) the status of legitimate. Please clear my doubt
 
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Practicing Advocate

 Yes Anish, you are right.. thanks for correcting me.

 
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Agreed with Archana ji.
 
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Consultant

yes,,, even marriage happened or not happened , children are always valid and legitimate,, even no law can make them illegitimate,,,,, it's not their fault,, that they born with married couple or unmarried copule

 
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Advocate

Vikas sir again i don't agree with you. Children out of no marriage are illegitimate but where marriage is there but void or voidable under HMA then they r legitimate.
 
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Legal Consultant / Solicitor

 Second Marriage is void

Second wife cannot claim the title as wife...

 

But in case of children - all the children are legitimate and have equal right in their father's property

 
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Consultant

Dear Anish,

You may be right.

Now my question is what is the meaning of marriage?

Husband and second wife always can tell that they are married in Temple(No Eveidence of marraige) or in any other place, even if they not performed any marital formalities.

what can be the proof of denyinig their marraige?. If second marriage is illegitimate in the eye of law.. then there is now question of making it either voidable or valid,,, if childern are present from such marriage , they are the strong evidence of marriage, and they will always called Biological/Natural child of their parents. rest things are just cases of law...

 
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