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Arvind Singh Chauhan (advocate)     07 March 2017

Relation between two wives

Sir,

       Please contribute your views-

What is the relation between two legally maried wife ( married prior to 1955 in Hindus,  or later according to customs or Muslims) .

Whether law or social science recognize this relation, if yes what, this relation is called.

Is there any word for "SAUTAN", in English. I think they can not be put in category of concubine or mistress, as being legal.

Whether one of such wife can sue another under DV Act ?

"Word in the nature of marriage" is used for/against husband in DV Act.

 



Learning

 7 Replies


(Guest)

Relation is First one is called first wife, second one is called second wife of the husband.  In olden days, the second wife was treated as a superior concubine.

She is entitled to claim maintenance even though polygamy is barred after enactment of HMA.

Under section 2 (f) of the PWDVA 2005 second wife can also file a complaint with the Magistrate against the husband and also the firsr wife.  It is always better to sort matter with peace than approach court of law.  

If there is any kind of torture or fighting between the two wives, it can be sorted out in Women Police station  Counselling center.  You may refer the case to Counselling Center in your town.

Sachin (N.A)     07 March 2017

Originally posted by : Arvind Singh Chauhan

Sir,

       Please contribute your views-

What is the relation between two legally maried wife ( married prior to 1955 in Hindus,  or later according to customs or Muslims) .

Whether law or social science recognize this relation, if yes what, this relation is called.

Is there any word for "SAUTAN", in English. I think they can not be put in category of concubine or mistress, as being legal.

I think it should be husbands' second wife as both are legally wedded wifes


Whether one of such wife can sue another under DV Act ?

Yes, one wife can sue other wife under DV Act.

 

 

Arvind Singh Chauhan (advocate)     07 March 2017

Thanks Helping hand and Sachin !

The real Story is-

Matter belongs to ST community on which Hindu Law does not apply, according to SEC 2. Bigamy is allowed in their community.

Mr. X was married with F (First Wife). Later S (Second Wife) came in his life. S filed a fake complaint and demanded residential order against X under DV Act. While trial of complaint, X compromised and agreed to give maintenance  and residence to S. It was all due to collusion between X and S, to safe the rights of S.

Later first wife F also filed same complaint and she also got maintenance and residence on the same building from husband .

Now S filed complaint against F under DV Act, for violence.

There is a question ? whether There is any relation in LAW between F and S. Whether this relation is recognized any where in LAW.

Sachin (N.A)     07 March 2017

Originally posted by : Arvind Singh Chauhan
Thanks Helping hand and Sachin !

The real Story is-

Matter belongs to ST community on which Hindu Law does not apply, according to SEC 2. Bigamy is allowed in their community.

Mr. X was married with F (First Wife). Later S (Second Wife) came in his life. S filed a fake complaint and demanded residential order against X under DV Act. While trial of complaint, X compromised and agreed to give maintenance  and residence to S. It was all due to collusion between X and S, to safe the rights of S.

Later first wife F also filed same complaint and she also got maintenance and residence on the same building from husband .

Now S filed complaint against F under DV Act, for violence.

There is a question ? whether There is any relation in LAW between F and S. Whether this relation is recognized any where in LAW.

 

I donot find any legal relationship between F and S but as per Section 2q of  DV Act says that " may also file a complaint against a relative of the husband " and F is legally wedded wife of Mr X , so case filed by Mrs S against Mrs F  is maintainable


(Guest)

Protection orders can be seeked by second wife u/s 18 of PWDVA 2005, but that will of no use, as police cant sit and watch First wife and second wife and act as referee when the two fight. In fact the PWDVA itself is one useless act, just passed to do eyewash of women and to seek women votes by the great Renuka Chaudrhy, Sonia and Co. The relationship between first wife and second wife will be of first wife and second wife only. In Hindi the word Souten is used but there is no legal standing for second wife except for maintenance claims, where time and again Hon SC has passed maintenance to second wife also irrespective of whether marriage took place before enactment of HMA or not. Sec 2(f) of PWDVA 2006 defines domestic relationship where even bigamous marriages are taken into account. 

 

Mukesh sharma (job )     08 March 2017

Hello Arvind there no relation defination provide by law for first and second wife. 

 

Arvind Singh Chauhan (advocate)     08 March 2017

Thanks members.With the help of you all, I reached to conclusion that, though there is no legal relation between them. One may sue another as being reltive of husband in DV Act.


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