Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. … After 1955, with the help of the aforementioned provision and Section 11, Hindu Marriage Act, second marriages came be declared null and void ab initio.
Can a Hindu man marry twice in India?
Bigamy is prohibited in India under Section 494 of the Indian Penal Code. The law expresses that, whoever marries another person in the lifetime of existing spouse, such marriage by reason of its occurring during the lifetime of such husband or wife, should be viewed as void and should be punished for such offense.
Is second marriage legal in India without divorce?
Union of India (1995 AIR 1531 SC), the Supreme Court held that a man who has adopted Islam and renounced Hindu religion, marries again without taking divorce from the first wife, then such marriage is not legal. The person shall be punished for committing bigamy under section 494 of Indian Penal Code (IPC).
Is it legal for a Hindu man to marry a second time when his first wife is alive and she has consented to his second marriage?
answer is yes because it is punishable under sec 494 Indian penal code and Hindu marriage Act 1955. second marriage with the consent of the first wife is void under section 11 of the Hindu marriage act. 1995.
Can a woman have more than one husband in Hinduism?
There is no limits for number of husbands or wives in Hinduim . There is nothing in vedas also . In Hindu shasthras a woman is permitted to have 4 husbands .
Is second wife legal in India?
Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. … After 1955, with the help of the aforementioned provision and Section 11, Hindu Marriage Act, second marriages came be declared null and void ab initio.
Is it legal to marry second wife?
No, it is illegal. Under Section 494 of the Indian Penal Code, if a person marries a second time, without a divorce, while their spouse is alive, the marriage is considered bigamy, which is a punishable offense. They can file a complaint under Section 415 that provides conditions on ‘cheating’.
Can second wife claim maintenance?
A woman who is the second wife is also entitled to the right of maintenance under Section 125 when there is sufficient evidence to prove that she was unaware of her husband’s previous wedding and the second wedding was performed in accordance with the personal laws.
What are the rights of second wife?
As per the Hindu Marriage Act, 1955, remarriage without divorce from the first marriage, is illegal. … If the second wife is legally married, she has all the rights and a share in the property of the deceased husband, as she is a class I legal heir along with her offspring as per the Hindu Succession Act, 1956.
Can second wife claim property?
The second wife can stake claim over the said property. Second marriage where there is no divorce with the first wife: If the second marriage takes place without the divorce with the first wife, the second wife cannot make any claim in the property as her second marriage with her husband is void.
How can I get a second marriage without divorce?
Second marriage will be allowed only after legally separated. So both of you can file a joint petition before the Family Court where the marriage was solemnised. If you remarry the second marriage is not valid.
Which Indian king had only one wife?
The Peshwa king Madhav Rao Peshwa is one of the few rulers of Maharashtra , who had only one wife till he died .
Which is an invalid marriage?
Nullity, in general, means an act that is legally void in nature. In case of a marriage, it means a legal statement by the family court that there was the marriage didn’t exist between two people, and marriage was not valid. The declaration makes it clear that the marriage never took place.
What is having two wives called?
Polygamy usually takes the form of polygyny – when a man marries multiple women. Polyandry, which refers to wives having more than one husband, is even rarer than polygamy and mostly documented among small and relatively isolated communities around the world.