LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shyam lal   20 January 2023

Second wife legal rights

While the first wife is alive the christian husband for the sake of second marriage marries converts to Islam in doing  so marries a Hindu women..

the Query is can the second wife claim her legal share in the unmovable property of the husband 



 3 Replies

Adv. Mohit Chahal (Advocate)     20 January 2023

Dear Querist

Conversion to Islam only for the sake of second marriage does not entitled you to make your second marriage valid until and unless you give divorce to your first wife under Christian Law.

Further , No wife can claim share in immovable property of husband before death of such husband.

Mohit Chahal
District & Sessions Court, Hisar
Phone No. 9968911099


1 Like

T. Kalaiselvan, Advocate (Advocate)     20 January 2023

If the second wife remains Hindu even though her husband converts himself to Muslim for the purpose of second marriage, her second marriage is invalid in the eyes of law.

Besides the marriage of Hindu girl to other religion person is not legally valid as per Hindu law, she has to get her marriage registered under special marriage law only, and under special marriage law both the parties are to be either sinbgle or divorcee  or widow/er to get their marriage recognised as per law. 

In Christianity the second marriage during the subsistence of first marriage is not valid.

In Muslim religion a Muslim marrying a Hindu girl as his second wife is not valid.

Besides the Muslim law do not recognise the conversion which was done for the purpose of second marriage.

In any case there is no law for a wife to acquire her spouse's properties during his lifetime. 


Asgher Mahdi (Advocate & Legal Advisor)     20 January 2023

In the instant case, first need to prove the intention of the person to convert & marry second wife which is offcourse dificults. He may take a steps as of his choice. His marriage with hindu wife, then is valid and first marriage will ceased to disolve. As per the Hindu Marriage act, marriage between both the hindu couples are valid wherein one is from other religion marriage is void but govern under special marriage act and claims shall be under indian sucession act. In Christianity the second marriage during the subsistence of first marriage is not valid alike hinduism, hence claims in the share of her husband by hindu wife will cease.   

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register