Right over spouse property
shrikant v. sathe
(Querist) 12 March 2019
This query is : Resolved
An absconder, who is living with a woman who is also an absconder got married with each other,An absconder who was initially married , but as he is absconded ,his wife has declared him as legally dead . Actually, she and her family is well known about his existence which is unknown to others as well as to the court .Now what will happen if any one of the absconder dies ? Does second wife or husband get the right over each other property? or if they both die , will the first wife,s children of the male absconder have a right over the female absconders property?
kavksatyanarayana
(Expert) 12 March 2019
It seems to be a hypothetical. If a property belongs to an absconder, who knows that the absconder is having the property. so your query does not arise.
Guest
(Expert) 13 March 2019
If a real problem, not an academic query, you may better consult some local lawyer by discussing the complete background of the case. Otherwise, forgive and forget.
Adv Shailendra Deshpande
(Expert) 13 March 2019
Marrying another woman or man while first marriage is subsisting is offence under 494 of IPC. It is immaterial whether amn or woman are absconding or not.
Even if wife or husband of such 'absconders' is aware of such existence / location and does not disclose to court will surely have problems while contesting the suit on property. She / he is treated to appear "not with clean hands" before Court which will certainly affect the suit.
Guest
(Expert) 13 March 2019
@ Mr. Shailendra M Deshpande,
Do you feel that, as an HR expert, your answer is relevant, in any way, as per the query of the querist?
The question of the querist was with reference to the property laws, not on marriage laws, criminal laws or the Service laws. Your answer is about the crime the wife has committed, not whether the querist can lay his right over the property of the wife.
Adv Shailendra Deshpande
(Expert) 13 March 2019
@ Dhingra Sir, Kindly refer second para wherein I had clarity about property question. In first para I had given clarity regarding offence so that the querist shall be aware of issue. I am sure that it will help the concern.
Guest
(Expert) 13 March 2019
Simply unconvincing!
Dr J C Vashista
(Expert) 14 March 2019
Consult a local prudent lawyer for better appreciation of facts and circumstances of your statement, guide and proceed as required.
