Father married mother without getting a divorce from the first wife

My mom dad married in 1968. at the time he was not divorced no body challenged the second marriage. lived happily for 50 years. Now offspring from first marriage challenging second marriage. What is the status as per limitation act and law. Was it not that it should have been contested with in three years by the first wife.

Answers (2)

282 votes

second marriage is prohibited as per hindu law. no limitation in this case. first wife claim that she forcibly thrown from the house and at present she came to know about the second marriage. three year limitation is for recovery cases

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147 votes

As per the Hindu Marriage Act, the second marriage under this Act would be void ab initio if the person marries a second woman after enforcement of this Act. Hence, the second marriage was null from its inception and any child out of the said marriage would be illegitimate but would have the same right in inheritance as a legitimate child of the father.

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