Legal status for second wife
sudarshan
(Querist) 16 March 2014
This query is : Resolved
My sister, being a divorcee got married to a man whose divorce was proceeding in the family court but was not finalized at the time of this marriage. This fact was known to my sister at the time of marriage.But after a couple of months of aforesaid marriage, her husband deserted her and after a few month this man got decree of divorce from the court. We put pressure on that man to accept the second wife as legal but he denied and told that he had legally married to an another woman few months after his legal divorce.
Sir, my sister wants that she should be accepted as legal wife else she should be compensated.But Sir, referring to the a last year judgement of a magisterial court at Delhi which had rejected a woman's plea saying that she was not his legally wedded wife as on the date of alleged marriage, the woman knew that the respondent already had a living wife.She(Petitioner) challenged this judgement in a session court where the additional session judge said that the landmark judgement of Supreme court which broadened the scope for woman to claim maintenance is not applicable to a woman who already knew that the person is married and having a legal wife alive.Sec 125 CrPc is not applicable & woman is not entitled to any maintenance.The Court allowed the woman's petition to the extent of seeking maintenance on behalf of their child.
Sir, in our case also the first marriage of the person was continuing at the time of my sister's marriage to him & this fact was known to her.So we just solemnized the marriage without registering. In such circumstances can my sister be successful in getting the maintenance by the court?Sir Please, Advice.
Secondly Sir, IPC 496 is about bigamy. I think Sir, it could have been used by the first wife of this person before their divorce. But knowing the fact of marital status of that person at the time of my sister's marriage , can we sue him for Bigamy? or court will reject our plea by saying it is a consensus of both the parties to establish such relationship which did not come under legal preview.
Sir, these are certain opinion of different persons but your opinion is well respected, so please advice me.
Thank you Sir.
ajay sethi
(Expert) 16 March 2014
she can file complaint under Dv act against her husband . she can seek maintenance from her husband . also alternative accommodation from her husband .
if he had married your sister during subsistence of his earlier marriage he would be guilty of bigamy . she can file complaint of bigamy against her husband under section 494 of IPC
ajay sethi
(Expert) 16 March 2014
The Supreme Court has ruled that a woman with whom second marriage is performed is also entitled to drag the man to court under section 494 of the Indian Penal Code (IPC) which makes bigamy a criminal offence, punishable with a jail term of maximum seven years.
“To hold that a woman with whom second marriage is performed is not entitled to maintain a complaint under section 494 IPC though she suffers legal injuries would be height of perversity,” a bench headed by justice JM Panchal said while ordering the prosecution of an Andhra Pradesh policeman for bigamy.
Rajendra K Goyal
(Expert) 16 March 2014
She can claim maintenance, separate residence and proceed as per DV act. Agree with the advise of expert ajay sethi ji.
Devajyoti Barman
(Expert) 16 March 2014
Your sister can file suit for nullity of marriage u/s 12 of the Act.
She can file case u/s 498A IPC as well.
Filing cases for maintenance u/s 12 PWDV Act.
Biswanath Roy
(Expert) 17 March 2014
At the time of marriage your sister was quite aware of that the person is a married man whose Divorce petition is pending this situation clearly proves that your sister knew that that the marriage is not only void but illegal also because of commission of bigamy still then she abated such offense. Now you think yourself what will be the legal consequences.
T. Kalaiselvan, Advocate
(Expert) 18 March 2014
The legal remedies as suggested by Mr. Ajay Seth is available for your sister, contact a local lawyer, suggest him the views expressed by experts here and proceed legally against the erring person.
sudarshan
(Querist) 18 March 2014
thank you, Sir. Thank a lot.
R.V.RAO
(Expert) 19 March 2014
as the queriest and sri B.Royji said,when the woman knew fully well that the first marriage of the man is still subsisting, she decided to live with him.
it is bigamy for him, for which he is punishable.
since she knew her status well,she may not be able to claim any maintenance,living accommodation or cannot file d.v case.
Devajyoti Barman
(Expert) 19 March 2014
I differ with B,Roy's view. During the proceeding /s 12 of HMA, the wife is nevertheless entitle to alimony pendente lite.
Similarly proceeding u/s 12 PWDV Act is also maintainable. The SC acknowledges even the live in partner to claim relief under PWDV Act.
The person even in bigamous relationship is also involved in domestic relationship entitling her to claim relief under PWDV Act.
sudarshan
(Querist) 25 March 2014
Thank you Sir. Thanks a lot.
