• Bigamy

My father got married 2 years ago with a girl.  She has a child from previous husband. We are six member in our family. Is it possible to get married if the first Wife is alive? Does that marriage has legal rights?
Asked 2 years ago in Family Law from Araria, Bihar
Religion: Hindu
Was your father divorced at the time of his marriage to this girl? If no, he has committed the offence of doing a bigamous marriage, in which event your mother can file a case for divorce and a criminal case for bigamy against him. 

His second wife does not have any right in the property of your father.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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your father can not go for 2 marriage if 1st is alive and not divorced
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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Neither the girl to whom your father married nor her child have any legal rights in property of your father since second marriage when first wife is alive is void in law. The girl to whom your father married have some rights to claim maintenance from your father under DV Act if she has been living with  your father..
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
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since your father did not divorce hi s first wife the second marriage of your father is void . the second wife does not have any rights on your father property . however under DV act she can apply for maintenance , right to stay in shared household . first wife can file case of bigamy against husband
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
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If your father and your biological mother are not divorced as per law, then it is an criminal offence under Section 494 of the Indian Penal Code. If a person while still legally married to another, gets married to someone else, that marriage is not a valid marriage in the eyes of law and the second wife will have no legal rights. However her child may claim a share in the property. There are cases of different High Courts in the country who have granted maintenance for the child in such situations.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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Second marriage without getting a divorce from first wife is void.  First wife can sue your father on the criminal grounds.  Second wife is not having any legal rights to claim her marriage.  If she has a child, then child will have a legal rights on your fathers property.
Girish HT
Advocate, Bangalore
21 Answers
2 Consultations
4.7 on 5.0
getting 2nd marriage is not legal thus it is void marriage. first wife may initiate criminal proceeding against husband
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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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. One of the conditions for a valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the party should have a spouse living at the time of the marriage. Under Section 11 of the Act, Second marriages can be declared null and void. 
Bigamy becomes an offence only if the husband or wife is alive. It is an offence even if it is performed with the consent of the first wife. 
Section 494 of the Indian Penal Code exempts from punishment a second marriage contracted seven years after the absence of the spouse. 
In Sarla Mudgal v. Union of India (1995 air 1531 SC), the Supreme Court held that, 
• If a man after renouncing Hindu religion has adopted Muslim religion and he without taking divorce from his wife has married again, then this marriage is not legal. 
• He will be punished for committing bigamy under section 494 IPC. 
Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both. For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both. However, this offence committed under section 495 is not compoundable. 
The children from the second wife are entitled to share in their father’s self –acquired property.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
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