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regarding two wives (Family Law)

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This query is : Resolved


Author : Pappu Yadav

Posted On 23 March 2011 at 18:42

i just want to know that can a hindu person have two wives? if yes, then in which condition he can live with two wives? is this a bigamy. can he be punished?who can complain about bigamy?pls reply me




Expert : R.Ramachandran

Posted On 23 March 2011 at 19:50

After the coming into force of Hindu Marriage Act, 1955, a hindu male cannot have a second wife, while the first wife is alive and the marriage between the first wife and the man subsists.
In case the man enters into a second marriage in violation of the HMA, 1955,then it would amount to bigamy and he will be liable for action. Either the first wife (saying that he has contracted a second marriage) or the second wife (saying that by suppressing the earlier marriage he has married her) can make a complaint. Only the complaint of either of them would be considered. Complaint from any one else will not even be entertained.



Expert : Parveen Kr. Aggarwal

Posted On 23 March 2011 at 19:54

No. A Hindu male cannot have two wives. He cannot live with two wives in any condition. This is certainly bigamy and the marriage is void as per provision contained in sections 11 and 17 of the Hindu Marriage Act, 1955 and punishable under sections 494 and 495 of the Indian Penal Code, 1860.



Expert : Advocate Sachdev Bishnoi

Posted On 23 March 2011 at 20:13

i agree with the both of the experts.



Expert : Devajyoti Barman

Posted On 23 March 2011 at 20:37

Yes, me too.



Author : Pappu Yadav

Posted On 23 March 2011 at 21:07

thank u very much to all 4 reply.But in society being the responsible citizen of india, we can not prevent bigamy.becoz in our society female ratio is very less that male and day to day it is declining becoz of female foeticide.if a perso will have two wives then wrong message will go in the society.pls advice me in what way we can prevent?



Expert : G.Aravinthan

Posted On 23 March 2011 at 23:21

It is not possible to marry two wives. One or the other is not legitimate.



Expert : ADVOCATE DEFENSE.

Posted On 24 March 2011 at 14:42

If you can keep both happy no problem , law on its accord do not bother any body.



Expert : Advocate. Arunagiri

Posted On 24 March 2011 at 18:38

Having two wives at a time is punishable under law.



Expert : Darshan Shah / 09892727182

Posted On 25 March 2011 at 20:52

I totally agree with the experts, do not take the risk of 2 wives.



Author : Rajiv Yadav

Posted On 25 March 2011 at 22:52

Thanks to all for reply. but i have not got my reply or i could not understand ur reply of my latest quarry.pls advice me again.....



Expert : Kirti Kar Tripathi

Posted On 28 March 2011 at 07:13

Second marriage during the subsistence of the first marriage is illegal in India and the
relationship arising from the same does not have any validity. One of the conditions for a valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the
party should have a spouse living at the time of the marriage. Under Section 11 of the Act,
second marriages can be declared null and void.
Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both. For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both. However, this offence committed under section 495 is not compoundable.

Only the person aggrieved can complain in case of bigamy. If the aggrieved is the wife, then her father can complain under section 494/495 of the Indian Penal Code.
A petition for declaration that the second marriage is void can be filed only by the parties to the marriage and not by the first wife. A complaint can also be filed for cheating under section 415 IPC for fraudulently deceiving the person by keeping the subsistence of the first marriage a secre


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