LEGAL RIGHTS OF A SECOND WIFE IN INDIA: Understanding Reality with Legal Perspective

In India, the concept of marriage is an ordinary practice with lot of complications due to religious and cultural differences as well as legalities associated to it. Marriage as an institution is sacramental and socially acceptable as long as it is about two different spouses forming a couple with no other third party as a second wife in the institution. As such legal norms revolving around the second wives are very minimal and with the change in social structure due to dynamic adoptions, thankfully second wives have come to stage today to be capable to knock the doors of law for availing her rights. Consult with Best Lawyer in Gurgaon.  

Laws Governing Marriages in India are primarily the personal laws that varies for individual of different religions. Thus, the rights of a second wife also vary depending upon the personal specifically applicable on her. Also, prior to order granting right to the second wife, the court shall first decide the validity of her marriage.

It is therefore very significant indeed to consult a legal advisor from, who holds expertise in personal law of the aggrieved party’s religion so that rights and liabilities if any, can be acknowledged to the second wife. VR Associates Law firm is one of the best law firm in Gurgaon and Delhi NCR. 

What are the legal claims and Protections for the Second Wife?

•Maintenance: Irrespective of her religion, the second wife has the right to claim maintenance from her Husband, which is inclusive of financial support, living expenses and other essentials as the court may decide.

•Inheritance: a second wife may inherit husband’s property, when he passes away, given, there is an existence of a valid will and secondly, and that personal law recognises her inheritance. 

•Protection against Domestic Violence: The Protection of Women from Domestic Violence Act, 2005, provides protection to women which also includes the second wives, against all sorts of abuse (physical/sexual/emotional/financial) within the house. 

•Custody of Children: Where the second marriage also bears a child or children, the husband is responsible to maintain him/her, and if the custody is with the husband, then the second wife can rightfully claim for the custody or for visitation rights. 

What is the current scenario?

Despite the legal protection and support, the circumstances that the second wives are subjected to are extremely challenging. Such as:

Social detest- as the marriage is against conventional traditions and beliefs, a second wife ends up facing disapproval which directly affects her emotional state and status in the society.

Financial Dependence- in case the husband fails to fulfil his obligations or the second wife is denied any sort of inheritance or maintenance in cases of dispute. 

Lack of Legal Support- Legal procedures for the rights and maintenance are itself very consuming. As such the second wife goes through different phases of identifying what and how can her ends meet. Only an expert lawyer can help her to address her issues and try for best possible rewards for her. 

In the year 2017, Supreme Court ruled out in its remarkable judgment in context of rights of a second wife in the case of Krishna Veni Nagam v. Harish Nagam, stating that second wife does have a right to claim and she cannot be denied maintenance merely on a single ground that her marriage was voidable or void.  

Overall, in India the rights of a second wife are made to go through not just legal processions but also through social domain and acceptance. Second wife herself requires to be aware of her rights under their specific personal always and readily seek appropriate remedies after consulting to a legal professional. As of now, it is quite tough for building empathetic society for social well-being of a second wife, however, legal support is the first and foremost remedy for a second wife to avail for.

VR Associates Law Firm through its best Lawyers in Gurgaon and Delhi NCR can help you to understand the legal remedies with regard to your specific case.