Legal Question in Family Law in India

A man married a woman in front of society ,but not registered. After 20 yrs of marriage d same man marries a women not in front of society but registered.the first wife did not go against husband fr d sake of kids as she was nt independent.then man has a daughter with 2nd wife.who will claim d rights of actual wife and kid..the first or second.what about the property rights when he has 4 kids..2 daughter and 1 from d 1st and a daughter from the 2nd.will d first wife b declared illegal cz 2nd mrg is registered??


Asked on 1/30/14, 6:57 am

4 Answers from Attorneys

Dear client the child of second marriage is legal. For any legal held call me on 9422611385

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Answered on 1/30/14, 7:13 am
Santosh Goswami,Advocate sure shot legal

A marriage in India even if unregistered is valid if done in accordance with Hindu rites and ceremony. In your case, if first wife married in that fashion, the marriage is legal and then the second marriage is illegal since contracted without divorcing the first wife. But, for the sake of property division, even child of second marriage can claim as broad interpretation has been given by the court. The first wife can file a petition in court to get the second marriage declared as null and void.

919555462995

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Answered on 1/30/14, 7:15 am

Dear Client,

The first marriage is legal, as per the law even if the second ladys marriage was registered, the marriage with the second lady is null and void. The first lady has the legal status of WIFE.

The second lady has no such status.

But the children in both the ladies have equal rights in the property of the father.

If there is any dispute in the paternity of the children can be clarified by way of DNA test done as per the direction on the application of the aggrieved party, in a suit for partition. If you need any clarifications call me on 09387714156 any time. (Reasonable professional charges apply, payment by a/c transfer.).

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Answered on 1/30/14, 10:57 am

First marriage is legal and second marriage is illegal but for a long time first wife did not do anything hence court may first ask this query.

Good luck

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Answered on 2/02/14, 8:43 am


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