94+ Lawyers are online 
is Second Wife Entitled For Maintenance
21-Jul-2023 (In Family Law)
Hi, does second wife has rights for maintenance whereas 1st wife is already getting maintenance as per the court orders, now we want to file biagamy case against them as 1st wife is still not devorced, our worry is if we file biagamy will the 2nd wife Wil get share from the awarded maintenance money??
Hi, According to Section 11, Hindu Marriage Act, second marriages is to be declared null and void ab initio when the first wife is still alive and not divorced. Even though there is no recognition given to a second wife, due to the judicial interpretation of existing law as discussed above, she may have some chances of getting maintenance. In the absence of any clear provisions under the law, her chances of claiming her rights are largely dependent on the discretion of the judges.
Helpful?
10+
10+
Adv. Rajesh Kumar K
Bangalore | 400+ Answers
CONTACT NOW
If the first marriage was not dissolved and was in existence at the time of the second marriage then second marriage is invalid in law. In keeping with this, the question of maintenance for second wife will not arise. However recent case laws have provided for maintenance of women who have been in live -in relationships. But this case scenario is different. The best plan of action would be to sue for bigamy and claim compensation.
Helpful?
13+
13+
Adv. Pallavi Rabinathan Dugar
Bangalore | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
