Right to Maintenance of Second Wife in India
By Team Legistify / 2016-04-08
During the subsistence of the first marriage entering into a second marriage is illegal in India and the relationship arises from the same is held to be void. The law has been very clear on this point. Yet, second marriages are a common practice prevalent in Indian society. The apparent contrast between the law and social practice regarding second wives in India has led to a situation where they are not properly protected under the law. Many a times brushed under the carpet; of the overtly socially conscious society of India, the issue whether a woman whose marriage is void in the eyes of law should be entitled to the right of maintenance or not .

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The law in India is that a man can't remarry while any previous marriage is still in existence legally. Any marriage which is entered into by a man while he has a subsisting marriage with another woman, the subsequent marriage is not legally recognised.

However, it is not an uncommon occurrence nor is the second marriage being illegal enough of a deterrence to stop people from doing so. Even though the laws regarding eventual separation in second marriages or child custody or maintenance etc, from second marriages, are unclear, they are still taking place in the society.

Many a time brushed under the carpet; of the overtly socially conscious society of India, the issue whether a woman whose marriage is void in the eyes of law; should be entitled to the right of maintenance or not deserves to be discussed for the sake of women's rights awareness.

During the subsistence of the first marriage entering into a second marriage is illegal in India and the relationship arises from the same is held to be void. The law has been very clear on this point. Yet, second marriages are a common practice prevalent in Indian society. The apparent contrast between the law and social practice regarding second wives in India has led to a situation where they are not properly protected under the law.

The Issue of a second wife

During the subsistence of the first marriage entering into a second marriage is illegal in India and the relationship arises from the same is held to be void. The law has been very clear on this point. Yet, second marriages are a common practice prevalent in Indian society. The apparent contrast between the law and social practice regarding second wives in India has led to a situation where they are not properly protected under the law. Many a times brushed under the carpet; of the overtly socially conscious society of India, the issue whether a woman whose marriage is void in the eyes of law should be entitled to the right of maintenance or not .

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