Legal rights of second wife and his child in Hindu law

801 votes

Children shall have right even though they arw illegitimate.but the second lady is not having any right over the property


The second wife is not having any sorts of rights over the present movalble and immovable property

Advocate A.G. Syam Kumar LawRato

630 votes

If your friend married the second lady concealing the first marriage the second wife is entitled for life time maintainance.Amoung children male is to be entitled for maintenance till majority and female till marriage.They are also entitled for share in his property as a legal heir.

Advocate Ravi P.D. LawRato

740 votes

Marriage with the second wife is not legally valid, unless your friend's personal law allows bigamy or polygamy. The second wife is not the legal heir to his property. However, the children from the second marriage cannot be considered to be illegitimate.

Of course, your friend, during his lifetime, can favour them with his self-earned property through gift or Will.

Advocate P Venu LawRato

759 votes

Whether your friend had legally dissolved the marital tie with the first wife or not is not clear. As regarding the first wife, she is entitled for maintenance as well as to the shared household and she has a right to recover of all her valuables and money. He right to share in the assets of the husband sustains if the marriage is still intact. The children is entitled for maintenance and has a legal claim on his assets.

As regarding the affair, it is not a legal relationship. Hence, the said lady will not have any right or claims against the said person. But the status of the illegitimate children is similar to that of the children in his marriage.

Advocate Sunil V. Mohammed LawRato