If a Hindu woman marries another man while still married to her first husband, what are the consequences?

Question

as far as which marriage is legal and which is null and void. Can she be criminally charged for bigamy? Also what are the inheritance consequences if she has a child with second husband, the second husband dies, before discovery of bigamy by wife, i.e, she marries A, then she marries B unknown to B or his family that she is already married, has child C with B, then B dies, after B's death it is discovered that she is already married to A. Can she inherit B's estate if no will?

Answer 1

First marriage is legal & valid unless a decree of divorce or annulment is passed dissolving such a marriage. Second marriage is Void under section 11 of the Hindu marriage Act, 1955 as the condition provided under section 5 (I) of this Act was contravened i.e. she was not unmarried or divorcee or widow at the time of her second marriage. She can be charged for bigamy under section 494 of the Indian Penal Code only on the complaint of her first husband A. If a child C was born by her second husband B such a child will be considered a legitimate child same as if it was born if the marriage had been valid according to section 16 of the Hindu Marriage Act,1955. Such a child will have legitimate right to inherit his father’s property. Although her second marriage is void but if no decree of annulment is passed by any court declaring it null & void she can try to claim as a widow of the deceased, but a contrary judgment to this effect exist where the Bom. High Court had held that an illegitimate wife cannot at all be considered as having entitlement to inherit or succeed under any of the provisions of the Hindu Succession Act, 1956. So in such cases the best course is to get a will made in favor of the wife & the child borne by such wife, to avoid such a situation. Write to me for any further guidance.

Answer 2

You left out one vital element and that is what country is she in. If she is in the United States she could be tried and convicted of bigamy. She would not be able to inherit of the second husband's estate and the first husband would most probably divorce her in which case she could derive NOTHING from him. I am afraid the lady would have put herself through a great deal of trouble and net nothing but trouble.

Answer 3

Well second marriage is illegal.Its also depend how long she has been out of contact with her first husband. As in India law does not allow to remarry while you have not divorced from first husband or wife. If she does have a child from second marriage then child will get same rights in his father property as any child will do but not her. Unless he has a will before his death nominated her as beneficiary. But you better contact a family lawyer in this case as bit complicated. Spartan

Answer 4

The second marriage is considered null and void till the woman takes divorce from first husband or if the woman is the widow of the first husband. The child out of the second husband will be considered to be illegitimate as the secnd man will not be considered as her husband.

Answer 5

It's their life. They can do anything. If hindu women wants to marry muslim men then what's the big deal! In the end they are going to face the consequences! And it's not necessary that the marriage is going to be unsuccessful. Hinduism is never going to end. If people allow inter religion marriages then there will be no conversion! If people stop making rules like hindu can not marry muslim and blah blah then then there will be no change. God is one. Allah and Ram, both are one! THERE IS NO DIFFERENCE BETWEEN THEM. If someone is praying by singing bhajans or if someone is praying by doing namaaz, in the end they are praying to one god only!

Answer 6

She cannot inherit succession of B but of A only and C is legal heir of B. She can get her maintenance expenses from A. Neither she nor A can marry till divorced by Dist Court. She remained Ardhangini (half body) of A even under B's thighs.

Answer 7

I think the best solution is tell the in laws(second husband) if they in favour with U, about all this and do not think or tell about money & property wise...let them decide and make your second marriage legal...register it and then you will be a legal wife to your second husband and also will be the child...then try to talk to the first husband and take a divorce making him some offer in terms of money ...if he accepts all the case is solved....instead of going to the Court and all......

Answer 8

You seems to be a rotten cu.. having the craze of wealth and lavish life style. Do you bloody want to kill your Mr. B?
Medical test of your child is sufficent to nail you. If you think that you can eliminate B, you would not get any thing, yet the court may take some courtsy to grant Mr/Ms C some % of the property after lot of struggle. But in that case you would stand naked in front of your society.

Answer 9

The mariage is null and void. Your status is that of a keep.Any child born from your love will have no right on his fathers property.And unfortuanate death will bring u to road if you r totally depended on yr husband.

Answer 10

illegal marriage somehow women go scot free and cannot be charged in sexual matters its difficult,however she is an unlucy women to be with if she calls death upon her lovers