Wife and dv act
Arvind Singh Chauhan
(Querist) 19 September 2011
This query is : Resolved
Sir please is there any case law that-
Second wife who already has knowledge, that her husband is already married, can't proceed under DV Act against the first wife, husband and his mother in law.
ajay sethi
(Expert) 19 September 2011
she can proceed under Dv act . if she is the victim of domestic violence she can proceed against husband , first wife , mother in law .
i presume that second marriage has not being declared void by courts
Devajyoti Barman
(Expert) 19 September 2011
No, rather the supreme court has very recently held that even the second wife in existence of a prior valid marriage can bring charges u/s 498A IPC against her husband and in laws.
The said precedent can be used in DV case as well.
Shonee Kapoor
(Expert) 19 September 2011
True agree with Mr. Berman and Mr. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 19 September 2011
As per DV Act, female cannot be arrayed as respondents so no case can be filed against first wife or mother-in-law.
ajay sethi
(Expert) 19 September 2011
mr makkad females can be booked as per judgement of rajasthan high court
Jaipur: Rajasthan High Court has ruled that if a female relative of a husband is accused of torturing his wife she can also be tried for offences under the Domestic Violence Act.
The court's ruling came on a writ petition filed by Kanees Faatima alleging that she has been booked for causing domestic violence against her relative Sagir Bano under the Act whose objective was to book only males for the offences.
A division bench of Justice N K Jain and Justice R S Rathore has ruled that the correct legal position regarding the interpretation of the various provisions of the Domestic Violence Act is to bring to book all those who commit atrocities on women at home, including matrimonial home, as no one can be spared merely on the ground that the accused under the Act is a female.
The petition was referred to the division bench following split opinions of the two single judge benches of High Court.
Arvind Singh Chauhan
(Querist) 20 September 2011
Thanks a lot Sir,
But in Savitaben Sonabhai Bhatia V/S. State of Gujarat & Ors. reported in (2005) 3 S.C.C. page 636., and in Rameshchandra Daga V/S. Rameshwari Daga reported in( 2005) 2 S.C.C. page 33 . Supreme court held " Wife means only legally married wife " and excluded the second wife.
Guest
(Expert) 20 September 2011
Agree with Shri Devajyoti.
girish shringi
(Expert) 23 September 2011
The Sc judgement came very recently.
So you can have the options whichever favours you.
Arvind Singh Chauhan
(Querist) 23 September 2011
Sir,
Question is not here that females can be prosecuted or not but, the question is here that second wife who is illegal wife may file a suit under D.V Act or not?
Arun Kumar Bhagat
(Expert) 03 October 2011
Savitaben Sonabhai Bhatia V/S. State of Gujarat & Ors. reported in (2005) 3 S.C.C. page 636., and Rameshchandra Daga V/S. Rameshwari Daga reported in( 2005) 2 S.C.C. page 33 relate to the case of 125 Cr.p.C. Here the question pertain to DV Act.In this act the language used is "or Had domestic relation". So the second wife even the concubine or kept is also entitled for relief under DV Act.
Regarding Mr.Makkad's reply that "Female cannot be arrayed as respondents so no case can be filed against first wife or mother-in-law" I would like to add that Hon'ble Justice Altmas Kabir of Supreme Court in Sandhya manoj Wankhede _Vs-ManojManohar Wankhede put the controversy at rest by saying that Female can be arrayed as respondents. This judgement is passed in 2011.
