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Rights of second wife in Hindu
28-Apr-2023 (In Divorce Law)
My daughter has been married since 6 months. I recently found out the he has not divorced his first wife. What can my daughter do in this situation? Does she have any rights being the second wife?
Under the current Hindu Law of India, Second marriage is absolutely illegal.
There are three conditions that are to be fulfilled to prove bigamy. Firstly, the first wife should be living at the time of the marriage of husband (to other woman). Secondly, that person validly solemnizes second marriage. Lastly, both marriages (the one with first wife and the one with the subsequent wife) are valid that is according to the prescribed ceremonies.
There is a lot of weightage given to evidentiary support to prove that second marriage was validly solemnized. The Onus to prove this is entirely on the aggrieved first wife.
Even if the wife gives consent to the husband to marry second time, the subsequent marriage is still not valid.
Concealment of the fact of the first marriage is another situation. An offender is punished with imprisonment of for a term which may extend to ten years and fine, whoever conceals from the person entering into marriage, the fact of his or her previous marriage.
A Complaint of Cheating can also be filed under section 415, IPC. Second wife can claim interim maintenance and permanent maintenance while getting decree of nullity.
Second wife can claim interim maintenance and permanent maintenance while getting decree of nullity.
For detailed advice on this matter you may consult a competent divorce lawyer.
There are three conditions that are to be fulfilled to prove bigamy. Firstly, the first wife should be living at the time of the marriage of husband (to other woman). Secondly, that person validly solemnizes second marriage. Lastly, both marriages (the one with first wife and the one with the subsequent wife) are valid that is according to the prescribed ceremonies.
There is a lot of weightage given to evidentiary support to prove that second marriage was validly solemnized. The Onus to prove this is entirely on the aggrieved first wife.
Even if the wife gives consent to the husband to marry second time, the subsequent marriage is still not valid.
Concealment of the fact of the first marriage is another situation. An offender is punished with imprisonment of for a term which may extend to ten years and fine, whoever conceals from the person entering into marriage, the fact of his or her previous marriage.
A Complaint of Cheating can also be filed under section 415, IPC. Second wife can claim interim maintenance and permanent maintenance while getting decree of nullity.
Second wife can claim interim maintenance and permanent maintenance while getting decree of nullity.
For detailed advice on this matter you may consult a competent divorce lawyer.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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