Partition Rights of Children from Second Wife Under Hindu Law

Introduction 

The concept of division of family property under Hindu legal traditions is closely connected to the ancient traditions of joint family and coparcenary systems. Over the years, the legislative framework has evolved to bring in gender equality, legitimacy protections, and redefine family structures. A particularly intricate and sensitive area is legal entitlements of children from a subsequent wife, especially in cases where the marriage itself may be void under the Hindu Marriage Act, 1955. 

Legal Framework Governing Marriage and Inheritance 

• The Hindu Marriage Act defines conditions for a valid marriage.  
• Section 5 lays down that a Hindu man or woman cannot marry again during the subsistence of a first marriage.  
• A second marriage conducted during the life of the first spouse, without divorce, is void under Section 11 which declares bigamous marriages as void, and Section 17 which makes bigamy a punishable offence. 
• The Hindu Succession Act, 1956 governs inheritance. Class I heirs include sons, daughters, widow, mother, and other specified heirs.  
• Importantly, Section 16 of the Hindu Marriage Act gives legitimacy to children from void or voidable marriages and affirms their rights of succession from the father. 

Children from Second Marriage: Valid vs. Void 

Defining the Concept: 

• If the first marriage was dissolved by death or divorce, the second marriage is valid. The children of such a marriage receive equal consideration as all other offspring. 
• However, if the second marriage occurs during the life of the first wife without divorce, it is void under Hindu Marriage Act. Despite this, Section 16(1) ensures such children are legitimate. 

Where is it Applicable? 

• This protection extends to all children born from void or voidable marriages under Hindu law, ensuring they are not penalized for circumstances beyond their control. The legitimacy granted under Section 16 applies to succession rights from the father's estate. 

Judicial Interpretation: 

• In Parayankandiyal Eravath Kanapravan v. Kalliani Amma (1996), the Supreme Court held children from a legally invalid marriage are legitimate and have rights of succession. 
• In Revanasiddappa v. Mallikarjun (2011), the Court held that children from legally invalid marriages are legitimate and eligible to inherit assets. 
• In Jinia Keotin v. Kumar Sitaram Manjhi (2003) earlier restricted inheritance, but was overruled by later judgments. 

Partition in Hindu Law 

Defining the Concept: 

• Partition is the division of joint family property among coparceners.  
• It applies to ancestral property inherited up to four generations, and self-acquired property acquired personally by the individual. 

Post-2005 Coparcenary Reforms: 

• With the Hindu Succession Amendment Act, 2005, daughters became equal coparceners. This applies retrospectively.  
• Children from a second marriage, whether son or daughter, are entitled to seek partition if the property is ancestral. 

Who Can Claim Partition Rights: 

• Children from a second marriage, irrespective of whether the marriage is void or valid, can claim partition rights as coparceners in ancestral property.  
• Sons and daughters have equal rights post-2005 amendment. 

Which Court Has Jurisdiction: 

• Partition suits are filed in the Civil Court having jurisdiction over the location of the property or where the defendant resides.  
• Applications may be made under relevant provisions of the Code of Civil Procedure. 

Practical Example: 

• Suppose X has two wives: First wife (legal) and Second wife (legally invalid marriage). 
• Children: A and B from first wife, C and D from second wife. 
• If X dies intestate leaving property inherited from forefathers, the second wife has no rights. But A, B, C, and D all get identical portions. Each gets one-fourth of X's portion. 
• This demonstrates that children from both marriages stand on equal footing regarding partition and succession rights. 

Key Differences: Second Wife vs. Her Children 

• Second wife (if legally invalid marriage): Not a legal heir under Hindu Succession Act. Cannot claim share in husband's property. 
• Children from second wife: Legitimate under Section 16 of Hindu Marriage Act. Eligible to inherit assets on par with children from the first marriage. Can seek partition of ancestral property as coparceners. 

Maintenance Rights 

Maintenance under Criminal Law: 

• Second wife may claim maintenance under Section 125 of the Code of Criminal Procedure if unaware of the earlier marriage at the time of her marriage.  
• Courts have held that a woman who contracts marriage in good faith is entitled to maintenance. 

Maintenance under Personal Law: 

• Children can claim maintenance under the Hindu Adoption and Maintenance Act, 1956.  
• Both legitimate and illegitimate children have rights to maintenance from their father. 

Partition Rights Between Second Wife's Children Themselves 

• Children from the second wife are equals among themselves. Both sons and daughters can seek division of assets between each other.  
• Daughters are coparceners post-2005 and have the same rights as sons in ancestral property. 
• The partition can be demanded by any coparcener, and the property is divided equally among all coparceners of the same generation. 
• Establishing legitimacy under Section 16 may require producing marriage certificates, photographs, affidavits, or other documentary evidence proving the relationship. 

Conclusion 

Hindu law recognizes full legitimacy and property rights of children from a second wife, even when the marriage is void. The legislative intent behind Section 16 of the Hindu Marriage Act and the Hindu Succession Act is to protect innocent children from being disadvantaged due to the invalid status of their parents' marriage. 

Legal practitioners must ensure that the rights of such children are protected and enforced through appropriate litigation and counseling. The 2005 amendment further strengthened these rights by granting daughters equal coparcenary status, ensuring that both sons and daughters from a second marriage can claim their rightful share in ancestral property through partition.