Is second wife legally married wife?

SSE

 

My first wife is not going to file any case in near and long future. I am sure about it.

I am worried about the cases and benefits that my second woman can get....

I have child... I read somewhere if i prove that my second woman is not legally wedded wife to me and not legally divorced her first husband than she is not entitle to maintenance...

I may only need to give child support in future.... 

Let me come back to my main question.

What are the advantages and disadvantage for me in case i try to declare second marriage null and void??

 
Reply   
 

Going by what you have stated, the second marriage would appear to be invalid any which ways. therefore, you are right that , the second wife, not being legally wedded wife, may not be able to claim maintenance. the child, is however, another matter. the maintencance of the child is still your liability.

 

i would think that if there is no immediate requirement, let the sleeping dogs lie. Also see the provisions of the Domestic Violence Act

 
Reply   
 


SSE

Thanks for your valuable response Ranjan Sir....

I am doing the same. I will let the second marriage run as long as it can. 

Now another point is that DV and 498a is applicable by a woman who is not legally wife?

I heard that 498a can only be applied by wife...

As far as DV is concern, what will she get by filing DV? can she send me behind the bar? can she claim maintanance on DV basis?

 
Reply   
 

you divorced the first wife then second wife is legally married wife.  otherwise you will punished by law

 
Reply   
 
SSE

 

@Ranjan Sir... Thanks for your valuable response Ranjan Sir....

 

I am doing the same. I will let the second marriage run as long as it can. 

 

Now another point is that DV and 498a is applicable by a woman who is not legally wife?

I heard that 498a can only be applied by wife...

 

As far as DV is concern, what will she get by filing DV? can she send me behind the bar? can she claim maintanance on DV basis?

 
Reply   
 

The first condition for a Hindu marriage under Sec.5 of the Hindu Marriage Act, 1955 is that neither party has a spouse living at the time of the marriage and violation of this condition either by the male or female would render such marriage as a nullity. Marriage took place between you and another female during the subsistence of first Constitutes contravention of the condition specified under Sec.5 (i) nd thus becomes null and void under Sec.11 of the Act and annulled by a decree of nullity  by the Court under Sec.12.

You must also know that contracting a marriage which is void invites a punishment for bigamy under Sec.494 and 495 of the Indian Penal Code. Of course, the Statute has taken care of the children born out of such illegal marriages and Sec.16 gives the status of legitimacy to a child born out of a marriage though it is null and void.

you are advised to contact a lawyer in person, instead of opening the issue for general debate and advice, and seek a proper legal remedy for seeking a divorce from your wife. The female who married you during the subsistence of her married life has committed a double crime and she cannot be treated as your wife, and there is no such term as second wife which can be used in your case.

trinath reddy k

 
Reply   
 
SSE

Hello everyone,

 

I got to know that question may raised that how divorced is done between parties is allowed in custom. and mine and my wife's first divorce may be considered valid. 

I dont know whether customary divorce is valid in my caste or not?

I dont know whether notarized divorce deed can be valid or not?

If someone has strong opinion than please give some light....

Caste: Prajapati

State: Gujarat

 
Reply   
 
advocate

Hello...

You may verified in your caste that there is any customary divorce is done ealier... and I belive that if you are not sure in this regards , than it is advicable thing that you have to applied for the consent divorce petition.

If the customary divorce is permissible in your caste then your notatized divorce deed have legal effect....

I am also residing in Gujarat (Ahmedabad)... In my opinion, In your caste prajapati, you need divorce by court  for legal effect

Reply By; Shaulabh Shah Advocate

Website: www.shaulabhshah.com

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

CrPC MASTERCLASS     |    x