Rights Of A Second Wife In India
In India, second marriages are considered null and illegal in the eyes of law. Any relationship formed as a result of second marriage is also considered invalid. Our Indian law is quiet clear regarding second marriage. However, second marriage is accustomed convenance in Indian community. Due to contradiction between social system and law, second wife have got some safeguard measures under Indian law. As per the supreme court of India, if any second marriage takes place without disclosing the subsistence of first marriage, then it is considered as void. In case any male perform his second marriage without disclosing about his first marriage, then second wife is liable to claim her rights.
According to Hindu marriage act, sec 11 second marriages are considered illegal. If any person performs bigamy (performing second marriage even if currently wedded with first spouse). Bigamy is a breach which is considered crime but also come under Hindu marriage act. There are three major conditions that has to be compassed to proof bigamy-
There must be existence of first wife at the time of second marriage.
The person legally commemorates the second marriage.
According to sec 7 of Hindu marriage act, both marriages committed should be constitutional.
If any male commits the bigamy without revealing about his first marriage, then he is liable for his act and punishable. As per the sec 17 of Hindu marriage act, second marriage is considered illegitimate if husband is already living with his first wife. Under Indian penal code of sec 494 and sec 495, in case if any male performs second marriage then he is accountable for amercement.
We have given brilliant rights of second wife in India. Also, mentioned below current legal rights for second wives.
Current Legal Rights For Second Wives
Secretion Of Facts
If the second wife materialized that her marriage is null and invalid because her spouse is already married. Then, suspect is liable for punishment with confinement for about ten years after the concealment of his previous marriage facts.
Right To File Complain
The second wife has a right to file a complaint against the defrauding under IPC sec 415. As per this section, if any person commits any dishonest or fraudulent act which harms the property, mind and reputation of other individual then the deed is referred as cheat. Therefore, if a wife comes to know about her invalid marriage due to any fraudulent misconduct, secretion about first marriage, then second wife can file a complaint against her husband. He will be punish with adequate amount of penalty as well as punished under sec 417.
Check Also – Tips For Successful Second Marriages
Temporary And Permanent Prolongation Can Be Claimed
Another legal right for second wife is to claim prolongation either temporary or permanent. The claim is established on the assumption that her marriage is affected by the court by passing a judgment against or in her favor. While obtaining judgment of nullity, the second wife is liable for her rights to assert interim.
Right To Pension Of Husband
Even if the second marriage is illegal and not valid, still the second wife is liable to claim amount for her living. She has right to the allowance by her husband. According to madras high court, second wife is liable for allowance by her husband even if they are not conventionally married.
Hence, second wife in India is socially convicted. There are hardly any societies which accept the second wife; she may be discarded at any time by her husband. Therefore, the man who commits second marriage while living with first wife is liable for strict punishments. And certain provisions have been laid down by the Indian law to assure second wife and to get her alimony.