Response

Wives do now no longer get any proportion in the ancestral property. Hence the whole ancestral assets is to be divided amongst all of the children equally. The self acquired property of the daddy shall be divided 50:50 among both the wives. 1) Second spouse has no right while the first spouse and all kids are entitled. A 2nd spouse has all of the legal rights on her husband’s assets, provided her husband’s first spouse had already passed away or divorced before the husband remarried. Her kids have same rights on their father’s share as do the kids borne of the primary marriage. Section 494 of the IPC provides about ÒBigamyÓ as thus ÒWhoever, having a husband or spouse residing, marries again in any case wherein such marriage is void with the aid of using cause of its taking place in the course of the existence of such husband or spouse will be punished with imprisonment of both description for a time period which might also additionally increase to seven. Your father’s 2nd marriage is void as he did not divorce your mom yet. Section 5 of the Hindu Marriage Act, 1955, simply states that a wedding will be legitimate only if neither of the party has a residing spouse on the time of marriage. Section 11 of the Act announces 2nd marriage to be null and void. Bigamy shall now no longer practice if the first marriage has been dissolved by divorce.

Reference: Hindu Succession Act, 1956 – – AHG282 – 202100553 – 150 – 175- 202100982021004312746

LAWAYZ-2023-1017