Rights of second wife
Dipa
(Querist) 03 April 2012
This query is : Resolved
I am a Hindu. I am the second wife of my husband. My husband did not divorced his first wife and also have got one son of his first wife. We also had a son who died in a mishap. After that my husband is not keeping any relation with me and also telling me that I will not get any share of his property or money. What can I do? I have got certificates of our marriage and also in my passport I have got my husband's name.
Deepak Nair
(Expert) 03 April 2012
In Hindu Law, the second marriage when the first marriage is subsisting is void or illegal, whether registered or not.
Thus, the second wife is not entitled for any share of husband's property.
Only the children born out of such second marriage are entitled for share in their father's property.
ajay sethi
(Expert) 03 April 2012
A Hindu woman, who marries an already-married man, cannot claim maintenance later, the Bombay High Court has said in a decision this week.
The division bench of Justices A P Deshpande and R P Sondurbaldota held that such a woman cannot claim maintenance under Hindu Marriage Act, or even Hindu Adoption and Maintenance Act (HAMA).
A second marriage (when first spouse is alive) is null and void in Hindu law, the High Court emphasised.
One Rekha (name changed) had moved the High Court after family court rejected her demand of maintenance. She had claimed maintenance from her husband under HAMA on the ground that he had another wife.
Under HAMA, woman can live separately from husband and seek maintenance if he has any other wife living.
Her lawyer claimed that Rekha was legally wedded, and her marriage had been registered with registrar of marriage.
However, the division bench put the finger on the law, and held that her marriage was void from the start, she did not enjoy the status of wife under Hindu Marriage Act, and was not entitled to maintenance under HAMA too.
The High Court held that maintenance in the case of husband's bigamous marriage can be claimed under Hindu Adoption and Maintenance Act only if both marriages had taken place before Hindu Marriage Act of 1955 came into effect.
Because, before the Act came about, bigamy was permissible in the Hindu customary law.
But in this case, Rekha's marriage had taken place in 1987, so it was not a legal marriage, and she can't be said to be a wife, the High Court held.
SAINATH DEVALLA
(Expert) 03 April 2012
Dear Dipaji,
Actually your marriage as per HMA is invalid.Deepak and Ajay have answered in detail.Right now legally you have no rights.The law will not accept your marriage certificate,because it says that you have concealed the truth for getting married.Were you not aware that he was already married.You have only one option,as per Hindu Succession Act 1956,after the demise of your husband(sorry to use that phrase),you are entitled for a part as your share.Had your son been alive things would have been different.
Anirudh
(Expert) 03 April 2012
In the given situation, while you being the second wife will not be able to legally get any maintenance or property from your said husband, BUT YOU CAN GET SOMETHING OUT OF HIM. THIS YOU CAN DO BY MAKING A COMPLAINT TO THE POLICE FOR BIGAMY THAT HE MARRIED YOU WHILE HIS FIRST WIFE WAS LIVING. WHEN HE FACES THE CRIMINAL CASE, HE MAY PROBABLY TRY TO SETTLE WITH YOU! For this, you have to consult a local lawyer.
Sankaranarayanan
(Expert) 03 April 2012
Second marriage is void and with the help of DV you can get maintanance
Adv.R.P.Chugh
(Expert) 03 April 2012
Though the second marriage without question is void. You are entitled to maintenance u/s 25 Hindu Marriage Act, if you move in to obtain a decree of marriage being null and void as per a Supreme Court Case. You can also get maintenance under the DV Act. Children indeniably are on the same footing as children from first marriage in almost all respects
Deepak Nair
(Expert) 04 April 2012
Well advised by Mr.Bharat
SAINATH DEVALLA
(Expert) 04 April 2012
Dear Anirudh,
It is adultery and not bigamy.Bharat has given the correct suggestion.
Anirudh
(Expert) 04 April 2012
Dear Mr. Sainath,
I am very very sorry.
At best it is only Bigamy and NOT AT ALL "ADULTERY".
None of the ingredients specified under Sec. 497 of IPC are present in the present case to make it a case of "Adultery."
