Second Marriage and Legal rights
Hi, I Am in a relationship with a muslim guy who is already married and have three kids. We both are truly into each other and intend to marry eachother. His first marriage is with a hindu girl. They did court marriage as well as nikkahnamma was also done. Currently their nikkahnamma is lost. He is not ready to divorce his first wife for his kids sake but he is ready to live with me and make me legally secure by suggested means (by consulting a lawyer) My problem is whether my second marriage will be legal or not and secondly whether his first wife can put any charges on me after marrying him. i want a clarification on inheritance as well in case we marry and have kids in future. Please help.
Madam, you need to consult a lawyer because the relationship with a married guy is not legal in anyways, and if your marriage the second marriage is not legal. I strongly advised you to consult a lawyer
Answered by Srija Choudhury, Advocate and Lawfarm Researcher:
Going by the facts provided in this present question, the man you wish to marry is muslim and his first wife is hindu so they have registered their marriage under Special Marriage Act, 1954.
It is clearly given in section 43 and 44 of Special Marriage Act that bigamy is an offence under Indian Penal Code. In case of bigamous marriages, the second marriage is always considered void.
Section 494 and 495 of Indian Penal Code state that bigamy is illegal and a punishable offence. It is a non-cognizable and bailable offence for which punishment may extend to 7 years along with fine. The first wife can definitely put charges on you.
In case you get married, you will not have to right to inherit any from your husband’s property but children born out of it can inherit ancestral property.
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