1. Legal Status of Second Marriage

(A) Void Marriage under Hindu Law

If a spouse is already married and the first marriage is valid and subsisting, the second marriage is void under:

• Section 11, Hindu Marriage Act, 1955 (HMA)
• Section 5(i), HMA (monogamy requirement)

A void marriage is treated as non-existent in law, meaning:

• No legal status as “wife”
• No automatic matrimonial property rights
• No coparcenary rights in Hindu Undivided Family (HUF)

2. Maintenance Rights of Second Spouse

Even if the second marriage is void, courts have expanded protection under equity and social justice.

(A) Under Section 125 CrPC

Traditionally, only a “legally wedded wife” could claim maintenance.

Key Case Laws:

1. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988)

• Supreme Court held:
  • A second wife in a void marriage is not a legally wedded wife
  • Therefore, she is not entitled to maintenance under Section 125 CrPC

👉 Strict interpretation.

2. S.P.S. Balasubramanyam v. Suruttayan (1994)

• Court held:
  • Long cohabitation creates a presumption of marriage
• Helps second spouse if relationship resembles marriage

3. Tulsa v. Durghatiya (2008)

• Supreme Court held:
  • Children and women in long-term cohabitation are protected
  • Presumption of marriage may arise from conduct

4. Chanmuniya v. Virendra Kumar Singh Kushwaha (2011)

• Court expanded interpretation:
  • “Wife” should include women in relationships in the nature of marriage
• Recommended broader interpretation of maintenance rights

5. Badshah v. Urmila Badshah Godse (2014)

• Landmark judgment:
  • Husband cannot deny maintenance after fraudulent concealment of first marriage
  • Court granted maintenance to second wife on equitable grounds

👉 Shift from strict legality to justice-based approach

3. Protection under Domestic Violence Act, 2005

Even if marriage is void, second spouse may be treated as an:

“Aggrieved person in a relationship in the nature of marriage”

Key Case Law:

6. Velusamy v. D. Patchaiammal (2010)

• Supreme Court held:
  • “Relationship in the nature of marriage” includes live-in relationships resembling marriage
  • Such women can claim:
    • Protection orders
    • Residence rights
    • Maintenance under Domestic Violence Act

👉 This significantly improves protection for second spouses.

4. Property Rights of Second Spouse

(A) Self-Acquired Property of Husband

• Second spouse has no automatic ownership right
• But may claim:
  • Maintenance
  • Residence rights under DV Act

(B) Ancestral / HUF Property

• Second wife has no coparcenary rights
• Cannot demand partition

However:

• Children from void marriage may inherit (important distinction)

Key Case Law:

7. Revanasiddappa v. Mallikarjun (2011)

• Supreme Court held:
  • Children from void marriage are legitimate for inheritance purposes
  • They can inherit self-acquired property of father

👉 But not coparcenary rights in HUF.

5. Inheritance Rights of Second Spouse

General Rule:

• Second spouse (in void marriage) is not a Class I heir

However:

• She may receive:
  • Maintenance before death of husband
  • No direct inheritance unless marriage is valid

Supporting Case Law:

8. Bhaurao Shankar Lokhande v. State of Maharashtra (1965)

• Supreme Court held:
  • Second marriage during subsistence of first is void
  • No legal marital status is created

6. Summary of Legal Position

7. Conclusion

Indian courts have moved from a strict statutory interpretation (denying rights to second wives in void marriages) toward a social justice approach, especially in maintenance and protection laws.

However:

• Ownership rights in property remain very limited
• Protection is mainly through:
  • Maintenance laws
  • Domestic Violence Act
  • Equitable judicial discretion