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second wife filed 498A

Page no : 2

Sudhir Kumar, Advocate (Advocate)     09 December 2011

it is the choice of  1st wife she may not allege bigamy and may even bear dowry demand and domestic violence, if any. there is choice for 2nd file to apply or not to apply annullment of marriage even if she has been duped into the marriage by husband claiming to be bachelor. however the queries has not state the religion of the family. it may or may not be muslim family.  but either way the law cannot expect second wife to bear domestic violence and dowry demand, if any.

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Shantanu Wavhal (Worker)     09 December 2011

@ Sudhir Kumar Sir

law cannot expect second wife to bear domestic violence and dowry demand, if any.

eligibility to file DV = existance of domestic cohabilitation at any time.

so 2nd wife will also entitled to file DV.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     09 December 2011

@ Amit:  Under sections 11 & 12 a court decree is required to make a marriage void. But under Sec:17 the marriage is ab initio void and not necessarily a decree is required.

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Shantanu Wavhal (Worker)     09 December 2011

i think there is some misunderstanding

 

11.       Void marriage

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 5[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses(i), (iv)and (v)of section 5.

 

12.       Void able marriages

 

(1)       Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-----------------

 

17.       Punishment of bigamy

                        Any marriage between two Hindus solemnized after commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply accordingly.

Shantanu Wavhal (Worker)     09 December 2011

further, regarding the decree, 

 

https://www.indiankanoon.org/doc/1205244/

M.M. Malhotra vs Union Of India And Ors on 4 October, 2005

 

in which SC states as follows : 

 

The marriages covered by Section 11 are void ipso jure, that is, void from the very inception, and have to be ignored as not existing in law at all if and when such a question arises. Although the section permits a formal declaration to be made on the presentation of a petition, it is not essential to obtain in advance such a formaldeclaration from a court in a proceeding specifically commenced for the purpose. The provisions of Section 16, which is quoted below, also throw light on this aspect :

16. Legitimacy of children of void and voidable marriages:-------------------

Shantanu Wavhal (Worker)     09 December 2011

i hope that i m not going in wrong direction

Sudhir Kumar, Advocate (Advocate)     10 December 2011

i put it differently  IF A MAN ALREADY MARRIED AND ENTICED ANOTHER WOMAN FOR SECOND MARRRIAGE CLAIMING TO BE BACHELOR.  BOTH LADIES VERY MAGNANIMOUS AND TAKING NO ACTION FOR BIGAMY/CHEATING ACCEPTING EACH OTHER IS HE ENTITLED TO TORTURE SECOND WIFE FOR DOWRY?

Shantanu Wavhal (Worker)     10 December 2011

@ Sudhir Kumar

a man is not ''entitled'' for dowry harrassment by any law :)

however such a man can escape saying : 2nd marriage is void.

Sudhir Kumar, Advocate (Advocate)     10 December 2011

if you are confident then go ahead.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     11 December 2011

@ Amit

A small correction

ipso jure means "by the very law itself" and not "from the very inception"

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