second wife filed 498A

why not its the first case for her may be the second for the husband ....if she feels she has been subjected to cruelty she can file.

Yes No legal bar

thanks for the reply,

but my matter is,  the case where firtst wife and second wife both are living with her husband in this situation can  second wife  file 498A against her husband?
 

your problem, or facts are not stated clealy. please elaborate. you seem to suggest that the husband has two wives, living all together. And the second one want to file 498A ? are you asking that the second marriage is illegal therefore a bar on 498A by the second ?

If one interprets the DV Act, yes a second wife can. She can even include the first wife as second respondent, if so warranted. Vice versa is also possible. The first wife would have also additional ground under Anti-Bigamy Act.

 Dear Rajiv Sir,

My problem is very simple that a husband has two wives and living all  together and  the second wife want to file 498A.

1) second should be legally weded wife of  the husband.

2) first wife was dead at the time of weding.

if these two conditions fulfilled, then second wife can complain u/s 498a.

" where firtst wife and second wife both are living with her husband in this situation can  second wife  file 498A against her husband?"
 

NO.

Dear Rakesh,

Thanks for the clarification. Now this my opinion :

1) the second wife can certainly file 489A on the following grounds

a) the first marriage has to be declared void by the court, which has not happened in your case.
 No doubt the bigamous marriage is void, but only after court makes it void after trial, not otherwise.

b) the second marriage was a valid marriage; meaning all the ceremonies were performed as per the hindu rites, and if marraige registration was also done, it strengthens grounds.

c) 498A is to protect the wife from cruelty, and therefore would not prevent a harassed lady to seek redressal from social evils.

I welcome all contravening opinions, with sound reasons.

void, voidable differende :

1) void is always void. Decree is optional.

2) voidable is valid till Decree is granted.

3) mere registration dosen't make void marriage valid.

pl read difference instead of differende

consider inverse case :

1 wife has 2 living husbands at the same time. (may be residing together / separately)

can she file 498a & DV against both the husbands simultaneously ??

sounds funny !!

But i m facing this !!!

Under Section 17 of the Hindu Marriage Act a second marriage is ab initio void. No court decree is necessary. Hence Section 498A is not possible. But case can be filed under the Domestic Violence Act. Under DV Act the complainant need not be a legally wedded wife. A woman living in a relationship with the accused male can file complaint.

@ Dr. MPS RAMANI

thanx for input.

slight correction : 

section 11 - deals with void marriage (may be 17 is mentioned by mistake, which deals with bigamy)