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T.V.MANIAN (SENIOR MANAGER(Retd) Nationalised Bank)     25 December 2009

second wife of a Hindu male

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?


 17 Replies

Smita_L01042008 (student)     25 December 2009

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

Adv Archana Deshmukh (Practicing Advocate)     25 December 2009

 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.

Anish goyal (Advocate)     25 December 2009

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

Adv Archana Deshmukh (Practicing Advocate)     25 December 2009

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

Agreed with Archana ji.

Vikas Dharmendra (Consultant)     26 December 2009

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

Anish goyal (Advocate)     26 December 2009

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.

G. ARAVINTHAN (Legal Consultant / Solicitor)     26 December 2009

 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

Vikas Dharmendra (Consultant)     26 December 2009

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...

Adv ramesh chheda (prop)     30 December 2009

under hindu laws, second wife doesnt get any right in her husband's property but by making use of domestic violence act she can claim necessary rights in the property of her husband even when she is second wife. As about children they get equal rights as that of first wife children.

i hope i made things clear to you if any more doubt please send me furter querry

shreyashkumarbhatt (advocate)     05 January 2010

these words legitimate & iegitimate are not in nerrow sense in legal fiction law recognized  only the rigths to property and succession born with the lady fristly as legally weeded and another is not but some issues there in their relation on marriage even is that the void and voidable. law provides the succession and inheritence and representation to the person only .

R. Arumuga Perumal. (PRACTISING lawyer)     14 January 2010

Children through 2ndwife are treated as that of the children through legally wedded wife. But the status of the 2nd wife is , while the 1st wife is alive during the time of marrige without the consent of first wife th e marriage is voidand she is not entitled to get any right as wife.

 the status of a second wife , when the second wife is married after the death of the first wife is nothing but wife.

Anil Agrawal (Retired)     17 January 2010

" Without the consent of first wife" has no meaning. There is no such thing as consent marriage. Divorce and marry Yes.

Rest is pure conjecture.


DR.SANAT KUMAR DASH (Eye Specialist)     06 February 2010


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