Can illegal wife use her illegal husband's name?

as max. punishment for IPC 494 is 7 years, there is no time limit to file a complaint.

@Sekar:  When bigamy case is proved, the second marriage becomes void and husband gets punishment. What about the status of illegal wife  then?

You have an answer in your question itself "Illegal wife", thus being illegal, she is not entitled to any rights as legally wedded wife

 Will she be considered as still married? can the second wife use the husband's name? How shall she represent her marital status in official record? 

Once her married has been declared as null and void what is her marital status? Let she claim anything, but she will not be entitled to any legal status as wife.

 

When the marriage is void, then she has no husband therefore cannot use husband's name, right?

You are right, marriage is void then where is the husband?

 

In case bigamy  is proved while the husband is in government service, can the legal wife claim some share in the retirement benefits like GPF? or, since GPF is self earned amount by husband and he alone has the right over it to give it to anyone of his choice???

The terminal benefits of an employee cannot be claimed by his wife or any legal heirs during the employee's life time, the legally wedded can make a representation to the competent authority of the employee's office to enter her name in the service records of the employee as his wife.

 

@mahesh, it is not about property or justice... justice has already been denied to this old woman.. even she cannot claim property as the husband did not keep anything in his name... First wife just wanted to retain her status as his legal wife till her death... in case husband dies, she would like to be entitled to his pension. Nothing else.. But, now husband is trying to use the IRBM clause (as there has been separation of about 35 years) for applying divorce... so that he can make his illegal second wife as his legal wife.. how to prevent this? thanks

@T. Kalaiselvan.. thanks for your comments.. when a husband is already charged with bigamy, will his petition for divorce under IRBM will be accepted? In case court considers his application, will it grant divorce without proper compensation to the wife??

I agree with Mr.T Kalaiselvan..

The person who is proved on bigamy will be punished under  IPC sections and immediately  terminated from Govt service what ever he is doing now if any one complains with proof.

All the best,

@ experts,

thanks for comments... 

 

Another query is:  

As the second marriage is void, second wife's status is 'unmarried'.  But,she mentions her marital status as 'married' and uses first wife's husband name as her husband's name.  Isn't it an offence? Isn't it a case of misrepresentation?  Can the first wife file a case on second wife for misusing her husband's name???

 

Please clarify?

@ experts, thanks for comments... Another query is: As the second marriage is void, second wife's status is 'unmarried'. But,she mentions her marital status as 'married' and uses first wife's husband name as her husband's name. Isn't it an offence? Isn't it a case of misrepresentation? Can the first wife file a case on second wife for misusing her husband's name??? Please clarify?

@ experts, thanks for comments... Another query is: As the second marriage is void, second wife's status is 'unmarried'. But,she mentions her marital status as 'married' and uses first wife's husband name as her husband's name. Isn't it an offence? Isn't it a case of misrepresentation? Can the first wife file a case on second wife for misusing her husband's name??? Please clarify?

after going through query and to the reply posted by me you have given that for justice you want to mother

1.  answer itself is in your query itself means first case was dismissed by saying that he is not your husband as the name is not correct and he is different so give a detailed letter saying that the person who want to change the name is none other then your husband and to make second marriage he changed his name and now he is entering her name do not accept and make an enquiry

2. about time limit some other person says that there is not time limit but be clear in what you are saying that there is no time limit as 35 years passed before you go to court and file court will ask why you have waited all this years you should have gone to higher court for justice 

[ what name is there in employee records and on marriage certificate of first marriage ]

you are giving facts on instalement basis. 

 

Giving facts in one go would benefit you.