Ramulu 21 February 2018

Second marriage and Harrassing first wife

Good Morning Sir/Madam,

my uncle had second marriage and has two daughters.

He is not interested to take care of his first wife as she doesn't have childrens. She forced to live alone in rented house, abused and beaten her couple of time by his second wife and him because of she argued for her rights to leave with his husband.

We discussed with him so many time
atleast take care but he refused and not even giving single penny to her daily maintenance.

He is working in police department and about retire by 2019. my question are:

1) She afraid to complaint against her as they threatened so many times . Can she get protection from them?
2) Whom can we complaint about this illegal marriage?
3) As she married in 1960s, don't have marriage certificate has few photos of them. but still he has my aunt name in official details. is these things enough to show as first wife Identity?
3) is it possible to get house maintenance and some of his retirement money to live her rest of her life happily atleast?

Thank you

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55 Replies

R.Ramachandran (Advocate) 21 February 2018

The story that you are telling here is highly disturbing.

Please get in touch with a lawyer in your locality and take immediate steps. Just because your uncle is in Policle do not be afraid.

Consult a local lawyer before it becomes too late.

Vijay Raj Mahajan (Advocate) 21 February 2018

For any act of cruelty and domestic violence against the wife, the wife can always file complaint against the husband under the Protection of the Women from the Domestic Violence Act,2005 with the judicial magistrate in the district court of the area where she is living. The wife can claim the regular maintenance for her, along with the order of residence from the husband and protection order against the husband for keeping away from her and not to inflict domestic violence on the wife.

The issue of keeping two wives at the sametime depends on the religion of the person. The Muslim man can legally have more than one wife (upto 4 wives) at the same time but for man following Hindu or Christian or any other religion keeping a second wife is unlawful and punishable offence u/s 494,495 IPC. The complaint for having another wife during the lifetime of first wife can be reported to the judicial magistrate of the area where she lives by the first wife for offence of bigamy in all cases other than Muslim husband or wife. However to prove the two marriage of the man has to be onus on the wife to prove in the court to get him punished for offence of bigamy.

Ramulu 21 February 2018

Thank you Sir, We are trying to talk with lawyer. Instead of going court, can we complaint to superintendent of police or district collector of my area? Thank you

Ramulu 21 February 2018

Thank you for your reply Sir. Both my uncle and my aunt are Hindu religious people. Because of my aunt doesn't have children, He started relationship with other woman and married. Now they have two daughters. 1) Having no children with first wife , is legal reason to marry another one without divorcing? Thank you