Second wife rights

Originally posted by : PS Dhingra, 1962dcg@gmail.com
	Originally posted by : Kumar Doab Generically Speaking/For Generic Reference; The Central Civil Services (Conduct) Rules, 1964 21. RESTRICTION REGARDING MARRIAGE: (1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and (2) No Government servant having a spouse living, shall enter into, or contract, a marriage with any person: Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in clause (1) or clause (2), if it is satisfied that - (a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and (b) there are other grounds for so doing. (3) A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Government. Government of India Decisions » (1) Procedure for dealing with requests from Government servants for permission to remarry while first wife is still living. [MHA OM No. 219/51-Ests. Dated 16.02.1955] » (2) Inclusion of a provision in all rules of recruitment to the effect that the restrictions against bigamy will apply to female Government servants also [MHA OM No. 25/5/55-Ests., dated 31.05.1956] » (3) Form of declaration to be obtained from new entrants regarding their having one or more than one wife. [MHA OM No. 25/52/57-Ests. (A), dated 02.01.1958] » https://www.referencer.in/CS_Regulations/CCS(Conduct)Rules1964/Rule_21.aspx     IT=@Kumar Doab, The author is not a central government employee, as he has already clarified in one of his post. So, the above post has no relevance in his case.

IT=@PSD,

You have not made any revealition. 

It has been asked in the beginning of this thread also;

Does your community/sect/sub sect permit 2nd marriage during subsitence of 1st marriage?

Also Does your community/sect/sub sect permit customary divorce?

News is also available at:

https://timesofindia.indiatimes.com/entertainment/hindi/bollywood/Bollywood-actresses-who-married-divorcees/Bollywood-actresses-who-married-divorcees/photostory/36156335.cms

Originally posted by : PS Dhingra, 1962dcg@gmail.com
	Originally posted by : Ravi kumar valluru I have married in a temple , i know it is a void marriage Atleast Can she use my name as husband in any applications or documents.   If you have married, may be your illegal wife, but by all means she is your wife and can use your name as a husband. Actor Dharmendra married Hema malini as of 2nd wife while his first wife was alive. But nothing happened with him, as his first wife did not have any objection to that marriage. However, So, it is up to your 1st wife whether she has any objection or not. Certain peculiarities may arise for some time, but still you cannot deny the 2nd wife her rights, having married with her. Of course, due to illegal marriage, you can be made liable to be punished with imprisonment up to maximum of 7 years, provided you have not married her fraudulently or forcefully. for which punishment is stringent. But even your second wife gets every right as a wife until the marriage is annulled as a void marriage on the complaint of anyone.

News is also available at:

Dharmendra, originally married to Prakash Kaur, also fell in love with Hema Malini during Sholay. But he did not want to divorce his first wife. But as having 2 wiven is not permitted as per Hindu Marriage Act, Dharmendra converted to Islam.

He then married Hema Malini

https://www.quora.com/Dharmendra-Dharam-Singh-Deol-has-2-wives-Parkash-Kaur-and-Hema-Malini-How-come-as-per-the-Indian-Hindu-Marriage-Act-it-is-legal

Did you convert to Islam?

Obviously NO.

Same news has published that:

Dharmendra wed Hema Malini after converting to Islam so he could also stay married to his previous wife without having to get a getting a divorce. He was born as Dharam Singh Deol, now his legal name is Delawar Khan.

It was never legally accepted but merely an eyewash.

https://www.quora.com/Dharmendra-Dharam-Singh-Deol-has-2-wives-Parkash-Kaur-and-Hema-Malini-How-come-as-per-the-Indian-Hindu-Marriage-Act-it-is-legal

The questions for our consideration are whether a Hindu husband, married under Hindu law, by embracing Islam, can solemnise second marriage? Whether such a marriage without having the first marriage dissolved under law, would be a valid marriage qua the first wife who continue to be Hindu? Whether the apostate husband would be quilty of the offence under Section 494 of the Indian Penal Code (IPC)?

The expression "void" under section 494, IPC has been used in the wider sense.

A Hindu marriage solemnised under the Act can only be dissolved on any of the grounds specified under the Act. Till the time a Hindu marriage is dissolved under the Act none of the spouses can contract second marriage. Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. The second marriage by a convert would therefore be in violation of the Act and as such void in terms of Section 494, IPC. Any act which is in violation of mandatory provisions of law is per-se void.

The real reason for the voidness of the second marriage is the subsisting of the first marriage which is not dissolved even by the conversion of the husband. It would be giving a go-bye to the substance of the matter and acting against the spirit of the Statute if the second marriage of the convert is held to be legal.

Supreme Court of India

Smt. Sarla Mudgal, President, ... vs Union Of India & Ors

BENCH:

KULDIP SINGH (J)

SAHAI, R.M. (J)

https://indiankanoon.org/doc/733037/

The decisions by Apex Court; The Supreme Court of India; Republic of India are not mere news.

The same news has published;

"So never try or suggest anybody what Dharmendra did. Legally, the second marriage will be illegal and the second lady will never be considered legally wedded wife"

Great invention! I found a great self acklaimed certifying officer in Shri Kumar Doab!

Originally posted by : Kumar Doab
	Originally posted by : PS Dhingra, 1962dcg@gmail.com Originally posted by : Kumar Doab Generically Speaking/For Generic Reference; The Central Civil Services (Conduct) Rules, 1964 21. RESTRICTION REGARDING MARRIAGE: (1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and (2) No Government servant having a spouse living, shall enter into, or contract, a marriage with any person: Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in clause (1) or clause (2), if it is satisfied that - (a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and (b) there are other grounds for so doing. (3) A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Government. Government of India Decisions » (1) Procedure for dealing with requests from Government servants for permission to remarry while first wife is still living. [MHA OM No. 219/51-Ests. Dated 16.02.1955] » (2) Inclusion of a provision in all rules of recruitment to the effect that the restrictions against bigamy will apply to female Government servants also [MHA OM No. 25/5/55-Ests., dated 31.05.1956] » (3) Form of declaration to be obtained from new entrants regarding their having one or more than one wife. [MHA OM No. 25/52/57-Ests. (A), dated 02.01.1958] » https://www.referencer.in/CS_Regulations/CCS(Conduct)Rules1964/Rule_21.aspx   IT=@Kumar Doab, The author is not a central government employee, as he has already clarified in one of his post. So, the above post has no relevance in his case.   IT=@PSD, You have not made any revealition.

IT=@Kumar Doab,

Your certification has no relevance. Proof of pudding lies before you. Revelation is very much there that you make only waste and irrelevant posts. When the querist has clearly stated, he is a private employee, you are imposing rule of misconduct against his as if he is a Central Government employee.

Originally posted by : Kumar Doab
	The questions for our consideration are whether a Hindu husband, married under Hindu law, by embracing Islam, can solemnise second marriage? Whether such a marriage without having the first marriage dissolved under law, would be a valid marriage qua the first wife who continue to be Hindu? Whether the apostate husband would be quilty of the offence under Section 494 of the Indian Penal Code (IPC)? The expression "void" under section 494, IPC has been used in the wider sense. A Hindu marriage solemnised under the Act can only be dissolved on any of the grounds specified under the Act. Till the time a Hindu marriage is dissolved under the Act none of the spouses can contract second marriage. Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. The second marriage by a convert would therefore be in violation of the Act and as such void in terms of Section 494, IPC. Any act which is in violation of mandatory provisions of law is per-se void. The real reason for the voidness of the second marriage is the subsisting of the first marriage which is not dissolved even by the conversion of the husband. It would be giving a go-bye to the substance of the matter and acting against the spirit of the Statute if the second marriage of the convert is held to be legal.   Supreme Court of India Smt. Sarla Mudgal, President, ... vs Union Of India & Ors BENCH: KULDIP SINGH (J) SAHAI, R.M. (J) https://indiankanoon.org/doc/733037/

IT=@Kumar Doab,

By posting this judgment, you have yourself proved that even after conversion of husband, he cannot contract 2nd marriage, as the judgment states, "Till the time a Hindu marriage is dissolved under the Act none of the spouses can contract second marriage." It further stated, "The second marriage by a convert would therefore be in violation of the Act and as such void in terms of Section 494, IPC. " But Mr. Dharmendra, neither was sentence to imprisonment extending to 7 years, nor Hema Malini was made to leave him.

Is not it a mystery of law? The question arises, why you people try to frighten the author of the question, when the court has not yet declared the marriage as void. There are several ifs and buts before that decree can be awarded.

The author has simply asked for extending some rights of a wife, not whether the marriage was void, as he himself admitted that his marriage was illegal.

But, your problem is that without understanding the basic question you start making plenty of vague and wasteful posts. WHEN THE HUSBAND IS NOT READY TO DENY THE RIGHTS TO THAT LADY, YOUR DECLARATION CANNOT DESIST HIM FROM EXTENDING RIGHTS TO THAT LADY TILL THE MARRIAGE IS ACTUALLY DENOUNCED BY THE DECREE OF THE COURT. Mind it, you cannot exercise the rights of a competent court to denounce their marriage as null & void.

Better make some meaningful and relevant advice, rather than just filling in the space of the website with your misleading posts.

Originally posted by : Kumar Doab
	The same news has published; "So never try or suggest anybody what Dharmendra did. Legally, the second marriage will be illegal and the second lady will never be considered legally wedded wife"

IT=@Kumar Doab,

I never said Dharmendra made 2nd marriage legally. It is you, who revealed in your previous post that inspite of his 2nd marriage having been declared as illegal even by the Supreme Court, Dharmendra had been enjoying life with two marriages..

Henceforth, this is my advice, don't try to become self styled judge yourself. Tell only the legal position on what actually the querist asks, not to unduly sidetrack the issues, as of your undying habit to misguide the querists. Actually, you forget that you are not the law enforcing authority and you assume yourself as a law unto yourself.

Shun your ego to vainly prove your supremacy over others' views at least on legal aspects, when you are yet to learn basics of law. Before expressing any opinion or pasting of some other copied contents, must go through that carefully to understand whether that may not bounce back on you only. TRY TO LEARN SOMETHING FROM OTHERS INSTEAD OF IMPOSING VAINLY YOUR ENTIRELY WRONG  & MISLEADING OPINIONS.

Very well researched subject for academic time-pass debate. 

Thanks Dr. JC Vashista for your learned opinion.

I am also of the opinion that the query did not relate to any real problem, but was doubtlessly an academic query. The querist seems to be silently enjoying the debate withotu any reaction.

I think marriage is not possible. But the child can write your name as father.

As long as you don't want inheritance, what is there in the name of marriage?

Even if all of you stay together, who can stop you?  Give her all  respect by mutual agreement

between the two women. 

Respect means, getting recognition from friends and relatives, no law can stop this.