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The property rights of the second wife
To determine the rights of the second wife, we must first examine the legality of the second marriage. The Hindu Marriage Act, 1955, prohibits polygamy. Section 5 of the Hindu Marriage Act, 1955, specifies that at the time of marriage, none of the parties should have a living spouse. Therefore, if this condition is not met, the second wife does not have the right to claim any share in the property of the husband. Additionally:
If the second marriage is valid, i.e., the husband gets married after the demise of the first wife or after getting divorced from the first wife, then the second wife has the same rights as the first wife over the husband’s property. This is valid for both the husband’s self-acquired as well as ancestral property.
The Hindu Succession Law defines the following members as Class I legal heirs to the deceased person’s estates, in case of the absence of a will, i.e., the owner’s intestate demise:
The right of children of the second wife:
In case, the second marriage is a valid marriage, children born out of this wedlock share equally with the children of the first wife.
Even if the second marriage is void or voidable under the Hindu Marriage Act, the children of the second marriage are considered as legitimate children, and they have a right to inherit from the property of their father.
However, under section 16 of the Hindu Marriage Act, such children have a right to inherit the property of their parents alone.
They can inherit the property of their father, whether self-acquired or ancestral but not the ancestral joint family properties. It implies that they cannot inherit ancestral property other than the share of their father in the ancestral property.
The law says that the children of the second wife have equal rights as the children of the first wife on their father’s (self-acquired and ancestral) property.
Divorce
The right of the second wife to maintenance:
If the second marriage was performed without disclosing the fact of existing first marriage, the second marriage is not valid. However, the second wife gets the status of a legally wedded wife only for claiming maintenance. Children of such second marriage also have a right to maintenance.
Class I heirs: Son, daughter, widow, mother, son or daughter of a predeceased son, widow of predeceased son, and son or a daughter of a predeceased daughter
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