15 Jul 2026 12:20 PM

Partition Suit -- Second Marriage During Subsistence of First Marriage -- Children of second marriage held illegitimate but entitled to share, plaintiff granted one-third

Partition Suit -- Marriage Contracted During Subsistence of Earlier Marriage -- Status of Second Wife and Her Children -- Where a person contracts a second marriage during the subsistence of his marriage with the plaintiff, the second wife cannot be regarded as the legally wedded wife of the deceased. Children born of such second marriage, though illegitimate, are entitled to claim a share in the properties of the deceased. Where the second wife herself admits that the plaintiff is the legally wedded wife, the plaintiff is entitled to her due share in the suit properties.

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