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Second marriage, in case first wife not mentally stable
05-Dec-2023 (In Family Law)
Sir MERI wife mental illness se gujar Rahi hai aur hame ek ladka hai 5 manth ka pehle vah achhi rahtithi per ab uski bimari Jada bad gai hai. Ab muzhe bacche ko sambhalna mushik ho raja hai. Mai samatipatra lekar second marriage KAR sakta ho Kya? Sasural wale raji hai?
No you can't take a second wife while the first wife is living. As per Hindu Marriage Act you can take divorce on the ground of incurable unsoundness of mind so it would be advisable that you first take divorce on the ground of unsoundness of mind of your wife and after that you can marry again.
If you take a second wife while the first wife is also living, the second marriage would be void from the beginning and the second wife would not be a wife legally and would have no rights of a wife.
If you take a second wife while the first wife is also living, the second marriage would be void from the beginning and the second wife would not be a wife legally and would have no rights of a wife.
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Adv. Samyak Raj
Delhi | 500+ Answers
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Can second wife children claim property of first wife?
Can a second wife claim the property of a first wife? A second wife cant claim property that belongs to the legal first wife. 26-Oct-2023
What are the legal issues with second marriage?
According to Indian Penal Code Section 494, if someone commits a second divorce without a separation or a similar crime, they could be jailed for up to seven years, depending on their crime. A fine may be charged in some cases or both, depending on the severity of the crime.
How is property divided between children of two wives?
Property is distributed equally among the legal heirs in Class 1. All children, regardless of whether they have two mothers or the same father, are considered Class 1 heirs. The property will therefore be divided equally between all the children.
Can first wife file complaint against second wife?
The court ruled that the application made by the wife of a husband seeking to declare his second marriage invalid under Section 11 is valid. The Allahabad High Court has ruled that the first spouse can apply to declare her husbands marriage as invalid. 02-Aug-2023
Arrange for a mutual consent separation and after having papers from the court you can proceed for the second wedding. Legally complete all the formalities so that all things are in proper place for you.
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Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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