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ragini (officer)     20 November 2012

Rights of second wife

Hi All,


Iam Ragini aged 30 yrs married 5 years back its a love marriage and our parents accepted and happily married.We are happy till last 6 months only concern we have is i was unable to conceive.We have tried all options but of no use only option we left out was IVF but doctors have suggested even if we opted for IVF we will have 10% chances to get conceive and in case iam pregnant situation may be tough at the time of delivery.so my husband have decided not opt for IVF and he said he never bothered about kids and he loves me a lot.

8 months back we have transfered to another city .I thought whether i can ask  my husband to remarry  another girl where in we three can live together and asked my husband about his opinion he stirclty said no for second marriage.Mean while i met my husband friend teju she is working along with my husband.she use to talk to me regulary & visit our house even in absence of my husband and i started sharing all my problems with her and asked her to marry my husband.Initially she said no and stopped talking to my husband and me and clearly told that she cant marry my hubby.Even my husband not ready to marry her.

I started asking both of them and convinced them for marriage.now they got married with my  acceptance and now she is conceive and no one knows about the marriage.

Now my parents and my husband's parents came to know about the relationship and preganancey bot about the marriage.My husband and teju (my husband's second wife) went to hospital have done abortion.

Now she is living with her parents as they dont know about marriage and abortion.My parents and my husbands parent are forcing us to inform teju's (my husband's second wife) parents about marriage.

1.If we inform her parents we are tensed what will happen to my husband?

2.Wether she can file any case on me?

3.I can file case on her and get rid of her?

4 What are my husband rights?

Please suggest us what to do

Regards,

ragini

 

 

 

 



Learning

 6 Replies

rahul (director)     20 November 2012

if teju is with you people, then nothing will happen, if teju have some diffrences with you both... then she can put any case on your hubby, not on you. otherwise also her marriage is void. not valid. i think when teju went for abortion,,, means,, she is not okey with your both,, may be she wanted your hubby 100% as her husband, is that anything like this,

H. S. Thukral (Lawyer)     20 November 2012

The viable solution for you would have been to go for surrogacy mother instead of the one you took recourse to. Though it  looks so simple to tell that you happily wanted your husband to have a second wife just for the sake of a kid knowingly well that you shall never be given status of mother of that child. It looks so simple too that after persuation your husband agreed to your suggestion. It is also simple to say that second lady agreed to first marry yuour husband for giving him bliss of fatherhood and then went for abortion. Facts as stated by you are difficult to digest. However without going into morality of what has happened, it is opined as :  

It appears from your name that you are Hindu by religion and so is your husband. Second marriage during the existence of first marriage is void and therefore the wife from second marriage has no civil rights. But options available to the second lady are:

She can file complaints of cheating/rape etc

She can proceed in DV Act   

ragini (officer)     20 November 2012

Hi rahul Thanks for the reply.

yes for ur question now she is demanding that she want my husband 100% .

And in previous interactions i have told her that i will give dicorce to my husband.

can i file any case on her now?

Till  now my husbadn is with me and he wants to continue with me but my parents are warning my husband if he turns that side (Teju's side) then my parents wanted to file 498a,dv act in fact there is no proofof any dowry harrasment or domestic violence.

if my husband turn around adn support teju ,can i file any case on my hubby as well and trouble him. as there is no proof of marriage and no i havent given anything in written toher only verbal communication,if teju explain every thing to her parents and in court will court will beleive her words.iam afraid of one thing if i file any case teju will become closer to my husband, and there i have to loose my husband.

Now my husband commited suicide because of her threatenings and my parents threatening.

ragini (officer)     20 November 2012

Thanks for reply sir,

 

Plese clarify me

On whom Teju  can file Dv act and chaeting/rape case?

Please suggest us what to do now as she threatening us that she will  tell entire story to her parents.then how to protect.

AAK (Advocate)     20 November 2012

Legal position on this:

1] The marriage between teju & ur husband is Void. Not valid.

2] There is no option to you to file any case against her.

3] Infact ,she can file case against ur husband alleging rape, cheating, DV etc

4] For your question-  whether you can file case against your husband  ??? Ans: There are n number of false cases have been filed against the husbands alleging dowry and domestic voilence but after going through all facts & ethically i personally opion you to dont  file false case against ur husband.

ragini (officer)     20 November 2012

Thanks for the support.But things are not in my control how to stop Teju iam unable to understand she wants my husband 100%.My husband has commited suicide iam completely blank what to do now.we have scolded her so many times and now she is threatening us that she will file attrocity on us as she belongs to SC


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