Clue of bigamy case to follow..

To dear experts.i need to know if there is a case regarding bigamy then how it is possible for 2nd wife to make a claim for maintenance as marriage is a void marriage?

 

Originally posted by : merocksDsite
	To dear experts.i need to know if there is a case regarding bigamy then how it is possible for 2nd wife to make a claim for maintenance as marriage is a void marriage?

Under Protection of women from Domestic Violence Act,2005 on the ground of having a domestic relation with the hubby.

From the query it is not clear if the queriest married second time after securing a valid divorce from first wife or his first wife being deceased which is one and second clarity needed is who filed bigamy case on him.

 

In absence of clarity I am taking second marriage which is not accordance with law, I would say the position is very clear as per Hon'ble SC in ref.: Savitaben Somabhai Bhatiya Vs. State of Gujarat & Ors. [2005(2) JLJR 120 (SC)] wherein para 17 which is self explanatory for second illegal marriages of parties 

"17. It may be noted at this juncture that the legislature considered it necessary to include within the scope of the provision an illegitimate child but it has not done so with respect to woman not lawfully married. However, desirable it may be, as contended by learned counsel for the appellant to take note of the plight of the unfortunate woman, the legislative intent being clearly reflected in Section 125 of the Code, there is no scope for enlarging its scope by introducing any artificial definition to include woman not lawfully married in the expression 'wife'."

Hence the queriest has to first clarify legal status of his second marriage before us for any further worthwhile legal advise. Also it is only Mumbai HC which said second wife eligiable for Maintenance under DV Act, 2005 and it is not binding on other States and there is no clarification by Hon'ble SC till date unlike the position already clarified by Hon'ble SC in relation to S. 125 CrPC as in above quoted SC Judgment. What is not clarified by Hon'ble SC should only be used for persuasive pleadings in other States is my view.

Guys, I am seeking a help here.. hijacking  athread will only mislead the queries!

Thanks@ranee and tajobsindia.though the 2nd marriage is a void marriage yet it does exist under DVact she can claim for maintenance and in the same way she gets right in property under sec10 rule 1 HS act.on the other hand 2nd marriage does not exist under HMA and it creates an offence of bigamy.in what situation the husband gets a safe place?