Second marriage during subsistence of earlier marriage is illegal

2) on your father demise your mother , you , and children born out of relationship between your father and step mother would be legal heirs

3) if your father has adopted girl she would also be legal heir

Hi the second wife have no rights on the property at the husband but the daughter of second wife has all the rights like a legitimate child and at the same time she is the legal heir of her mother's property the children and the first wife have nothing to do with the property at the second wife as they have no right on anything

1) your mother should complain against father to his employer

2) your father would be suspended if it is found he remarried during subsistence of earlier marriage

3) your mother can seek maintenance from husband under section 125 cr pc /DV act

Respected sir ...

First of all second marriage of your father is marriage Which comes under the decree of null and void you just need to do much more in case just file a petition under section 11 of HMA seeking nullity of marriage as this was bigamy but yes court might take cognizance and might punish your father also but this is the way only we have ..You have also option available to lodge FIR against him under section 494 of IPC procedure of that will be the same ...Make your mind clear and go ahead ..

Thank you

Your mother can file a case of bigamy against your father under 494 ipc also second marriage under hindu marriage act is void.

Also the second child is not natural born.to your father means doesnot have any right in the property since the second marriage is void second wife also doesnot have any right in fathers property.

Section 17 in The Hindu Marriage Act, 1955

17 Punishment of bigamy. —Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.

Indian Penal code 1860, Section 494.

Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Dear friend,

Advise can be given, but can you implement it. Listen. First get your mothers name inserted in all official records and LIC, PF etc., as legal wife and 100 percent nominee. Second wife has no right in the property except for some maintenance. Since your father is a government servant, you mother can book him and his second wife for bigamy offence. Without the consent of your mother your father cannot adopt a female child. It is left to you either to accept her as adopted child or deny her status. You have all rights over the property of your father after his death only. So be wise and nice with him to get nomination of your mother in all official records. I know Telugu, it is my mother tongue. Please call me for more suggestions. Good Luck.

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Section 494 in The Indian Penal Code

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494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Hi,

The second marriage is illegal and hence you may file suitable complaints and ask for your maintenance rights and other rights.

1) Here above you mentioned that first wife has only one son and that also stay with second wife. Could not understand this? Still I will answer all your questions.

2) both wife will get equal share in the property of husband is not alive and not made any WILL of the property.

3) As you said husband is sending money as monthly expenses to his first wife regularly, if it is more than 15-25 thousands its ok than don't spoil your relationship. Try to confirm that first wife is legal wife from court of law so after you father she can claim maximum rights on his property otherwise not if he makes the WILL of property on second wife name.

3) If not wants share in property try to talk with father on regular basis or daily so father's and son bonding should be developed strongly for future prospects of view.

He is doing bigamy as this marriage is void your mother can claim the maintenance for herself and minor children if any and ask for the share in property.

If it was your father's own and absolute property then he can dispose or transfer it to anyone's name as per his own will and wish.

Neither your mother nor his second wife can claim any share in his property as a right.

However your mother can claim residential right in her matrimonial home besides filing DV case and also a bigamy case against him.

If you are his son and major by age then you cannot claim even maintenance from him.

Your mother can claim maintenance, residential rights etc from him.

Since your father contracted second marriage during sustenance of first marriage the second marriage is null and void under the eye of law and the second wife has not legal status as well.

Now if you lodge complaint of his two marriage he would be terminated from job as bigamy is also a criminal offence.

Ask your mother to file a case for maintenance so at least 1/3-1/4th of his salary can be directed by court to be paid towards his wife.

So don't wait anymore and raise your voice.

File a FIR against this man for committing the offence of bigamy.

The first wife and her children, must seek Maintenance from this man, by preferring an application under section 125 crpc.

The second marriage having contracted during the subsistence of first, is void ab initio and the same is having no protection under law..

Adopted child will have all the rights in the property. the second wife will have no right as the same happens to be an ilegal wife

Your mother can file a FIR against the husband for doing second marriage during the subsistence of the first marriage.

The police case can be filed against him

Regards