• Legal opinion for second marriage to a widow

Hi

I am Male. My First marriage ended in a proper Legal Mutual Consent Divorce.
Now I want to marry a girl who is a Widow.

The Girl just came to her Maternal home after her husband expired (No Issues). They just have Husband Death Certificate with them.

As per my understanding, the girl is still "Bahu" of that Family & would be illegal for her to marry anyone without some kind of Legal Document that shows Split of Previous Marriage.

Kindly Advice on:
1. How does Previous Marriage of the Girl Stand in Eyes of Law?
2. Can her previous relationships (In-Laws etc.) demand anything of any kind from her in future be it her time, her income etc.?
3. What Legal Formalities should I demand from Girl's Family (To be done with their Previous Matrimonial Relationships) so that there is no problem of any kind in my marriage forever. Means the girl should be free legally from any kind of previous relationship...

Thanks!
AG
Asked 6 months ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

Death certificate if her husband is sufficient 

 

2) widow is free to remarry 

 

3) no in laws have no claim 

 

4) you don’t need their consent 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1.      After death of  spouse without issues, marriage stands dissolved for all purposes.2.      Once a widow gets married here relation with family of deceased is terminated for good. 3.      She is at liberty of  marry anyone of her choice. After death of  husband her status of unmarried stands restored. She is legally free to marry anyone.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

1. She is a widow, hence she can very well marry another person of her choice, there is no law restricting a widow to remarry.\

Her matrimonial people cannot object or restrict her from going ahead with her decision to remarry a person of her choice in the given marital status.

2. No, once she is married to a third person after becoming widow, her relationship with the in laws of her previous marriage literally comes to an end and she is not obliged to serve them or to obey their dictum.

3. There is legal requirement to obtain even formal permission from the relatives of her previous marriage to marry you 

For the purpose of formality, you can inform them that you would like to marry her but you are not asking their permission for this.

Once she is remarrying, she will lose all her rights in her previous matrimonial home.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

1.  previous marriage already ended as per Law.  Now there is question of assets of husband which are without WILL.

 

2. In-Laws dont have any right on her income. Only to extend of their son properties. 

 

3.  She is completely free to legally marry anyone. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

1. In the eyes of law, the girl is widow and she has all legal rights to re-marry. The same is with you also as you are divorcee.

2. From legal perspective she is not bound to support her in-laws unless she inherit some estate from her deceased husband. 

3. Since the girl is widow and she is having death certificate of her late husband, there seems to be no other requirement to be fulfilled before you and the girl tie a knot once again with mutual consent. 

Rajinder Kumar
Advocate, New Delhi
88 Answers
6 Consultations

4.9 on 5.0

1. since her husband is expired, the marriage has ended, Now she can legally remarry,

2. her inlaws cannot make any demand

3. ask for the death certificate of her husband and get it verified from the concerned office,

 

Suneel Moudgil
Advocate, Panipat
2372 Answers
6 Consultations

4.7 on 5.0

Dear Client,

In the case of a widow who is of full age or whose marriage has been consummated, her own consent shall be sufficient to constitute her re-marriage lawful and valid, according to the Hindu Widow marriage act, 1856. 

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

As you are legally divorced and the girl's husband has passed away, there is no legal impediment in both of you getting married again. The girl's previous marriage certificate and her husband's death certificate will serve the documentation purposes. Their in-laws still calling her bahu does not alter the legal position.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

if she is a widow then she can marry you her previous marriage ended with death of her husband.

No only her earlier children can demand share in her property received by her earlier husband

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

1. As per Hindu widow remarriage Act, in the case of a widow who is of full. age or whose marriage has been consummated, her own consent shall be sufficient to constitute her re-marriage lawful and valid.

- Hence, she can remarry even without getting the consent of deceased husbands family members. 

2. No, none having any right over her property , gift , dowry items received by the deceased husband or his family members, and she having her full right over the same. 

3. Proof of death of husband and her consent for the marriage with you. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

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