Interview with a Second Wife - Muslimas' Oasis
The end of the summer holidays is a peak period for marriage breakups. such as what happens if both or either parents meet a new partner. Let's start at the beginning, how did you come to be a second wife? about your co-wife and what efforts have you made to reach out to her?. India News: Even if a couple is not formally married, living together confers the Madras high court granting family pension to the second wife o.
Satyavathi appealed against this judgment. The Supreme Court held that if the second wife was deserted by her husband, she will be entitled to get maintenance from him under Section Cr. Giving this ruling, a Bench of Justices H. Writing the judgment, Justice Sudha said that Section Cr. Thus, validity of the marriage will not be a ground for refusal of maintenance if other requirements of Section Cr.
The Bench also said that the proof of marriage required for a proceeding under Section of Cr. The magistrate would not enter into complicated questions of law as to the validity of the marriage according to the sacrament element or personal law and the like, which are questions for determination by the civil court.
If the evidence in a proceeding under Section Cr. C raises a presumption that the applicant was the wife of the respondent [in this case] it would be sufficient for the magistrate to pass an order granting maintenance under the proceeding. The Bench said under the law a second wife whose marriage was void was not entitled for maintenance.
But the law also presumes in favour of marriage and against concubinage when a man and woman have cohabited continuously for a long number of years, and when the man and woman are proved to have lived together as man and wife, the law will presume.
Second wife can sue for bigamy: The Supreme Court has ruled that a woman with whom second marriage is performed is also entitled to drag the man to court under section of the Indian Penal Code IPC which makes bigamy a criminal offence, punishable with a jail term of maximum seven years. To hold that a woman with whom second marriage is performed is not entitled to maintain a complaint under section IPC though she suffers legal injuries would be height of perversity was held.
Here, a bench headed by justice JM Panchal ordered the prosecution of an Andhra Pradesh policeman for bigamy. The individual wronged can record case of bigamy either in court or at the police station. A request for pronouncing the second marriage as void can be recorded by the parties of second marriage and not the first spouse. In the case of K. Neelaveni vs State Rep. The apex court gave the verdict while upholding the appeal of a woman K Neelavani, challenging a Madras High Court order quashing the charge sheet filed against her husband S K Siva Kumar under IPC Sections breach of trust and bigamy-second marriage.
Bigamy is a non-cognizable offence.
It is bailable and compoundable with the permission of court if the offence is committed under section of the IPC. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both.
Such offence under section is not compoundable. No, it does not. In Muthammal and Ors. By mere association of the accused persons in this case, who are charged for an offence of abetment and the principal offender in the absence of any material to show that there was an instigation by the petitioners or that there was any intention either in aiding or in commissioning the offence committed by the first accused, it cannot be said that they have committed an offence of abetment.
The accused persons can be charged and convicted for the offence of abetment where there is evidence to show such persons have instigated or otherwise abetted in the acts of the person who has actually committed the offence or the crime.
In so far as the instant case is concerned, from the evidence, it cannot be said that the petitioner have committed an offence of abetment. As stated above, abetment is instigation to a person to do an act in a certain way or aid some other person in doing an act which is an offence.
In other words, it is a preparatory act and connotes active complicity on the part of the abettor at a point of time prior to the actual commission of the offence. According to sub-section 2 of Section 2, the Act shall not apply to any Scheduled Tribe within the meaning of clause 25 of Article of the Constitution unless the Centre directs otherwise in a gazette notification. The Bench, which included Mr. But he solemnised a second marriage with another woman accused 2.
Is registration of marriage compulsory ? Yes, in order to stop second marriages and child marriages, the registration of marriages is made compulsory as directions of Supreme Court. The registration of Hindu marriages is not compulsory. A Hindu marriage register is found in the Office of the Registrar of Marriages, usually located in District or Divisional court compounds.
The Registrar is normally some type of magistrate. A Hindu marriage can also be registered under the Special Marriage Act, if both parties so desire. If that is done, the marriage is treated as a civil marriage governed by that Act from the date of registration.
Once the second marriage is declared null and void, the wife concerned cannot even claim maintenance as a matter of right. The counsel of the second wife had relied on a case decided by the Coimbra High Court in Portugal in He also referred to Article and Article of the Civil Code, The argument of the lawyer appearing on behalf of the first wife, who argued that the judgment of Coimbra High Court cannot have any persuasive value was rejected and Justice N A Britto observed that courts must accept any light from whatever source it comes.
Little illumination is always good. Interestingly, the Civil Code states that marriage, as per the custom of the country, consists in the communion between the spouses of all their properties.
That is half the property is held by the husband and the remaining half by the wife. Article of the Civil Code provides that half the properties held by the spouse who remarries, shall be excluded from the communion.
Thereafter Sheetaldeen married Vidyadhari and four children were born to them. After his death, Vidyadhari, who was his nominee, received pension and other benefits due to Sheetaldeen.
However, both Sukhrana Bai and Vidyadhari filed applications claiming the succession certificate for his movable property. The trial court decreed in favour of the second wife. But on appeal, the Madhya Pradesh High Court reversed the finding and granted the certificate in favour of the first wife.
However, inthe apex court allowed the appeal said she continued to live with Sheetaldeen as his wife for a long time. She enjoyed the confidence of Sheetaldeen, who nominated her for his Provident Fund, life cover scheme, pension, life insurance and other dues.
In granting the certificate, the court had to use its discretion where rival claims, as in this case, were made for the property of the deceased, the Bench pointed out. The Supreme said that though they agreed with the High Court that Mrs. Bai was the only legitimate wife yet, they would choose to grant the certificate in favour of Mrs. Vidyadhari, who was his nominee and mother of his four children. The court also granted Sukharna Bai one-fifth share of the property besides the four children of Vidyadhari.
The Supreme Court had held that children born of second marriage are entitled to a share in the property of their father though the second marriage itself is void. If a person marries a second time during the subsistence of his first marriage, children born of the second marriage will still be legitimate was observed by Bench consisting of Justices S. Justice Sirpurkar said the law was clear that the second wife who was cited as the nominee by her husband to claim the benefits arising out of his employment could claim succession certificate in favour of her children.
Section 16 3 of the Hindu Marriage Act as amended, does not impose any restriction on the property right of Illegitimate Child except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents whether self acquired or ancestral.
No, they will not be applicable. The supreme court of India in Kushboo case  virtually equated live —in relationship to marital relationship . The Supreme Court opined that a man and woman living together without marriage cannot be construed as an offence which turned out to be an observation that could cheer votaries of pre-marital sex and live-in partners. Does it amount to an offence? Living together is not an offence. Balakrishnan, Deepak Verma and B.
The apex court had also said there was no law which prohibits live-in relationship or pre-marital sex. In another case, the Supreme Court also said children born out of live-in are not illegitimate . The Supreme Court has clarified that children born out of a live-in relationship, where the couple have lived together for a long time as husband and wife, could not be called illegitimate.
However, such presumption can be rebutted by leading unimpeachable evidence. A bench of Justices B S Chauhan and J Chelameswar issued the clarification on a petition filed by advocate Uday Gupta, who had questioned certain sweeping observations made by the Madras high court while dealing with the issue of live-in relationships.
Importantly, the SC said children born out of prolonged live-in relationships could not be termed illegitimate. He apprehended that these remarks could demolish the very institution of marriage. The law of bigamy is not applicable to live- in relationship as there is no legally contracted marriage. Subash Babu vs State Of A. In Shivcharan Lal Verma v. P it was held by the Supreme Court that when marriage of the accused with the deceased was during subsistence of valid marriage between the accused and his first wife, was null and void, conviction of the accused for offence punishable under Section A IPC for harassing the deceased who committed suicide is not sustainable in law.
In Reema Aggarwal v.
Admittedly, the victim in this case was the second wife of the petitioner who is said to have married her by suppressing the fact of his first wife living. Therefore, prima facie marriage between the petitioner and the second respondent is void and therefore, it cannot be said that the alleged harassment or cruelty meted out by the petitioner towards her attracts penal provision under Section A I. Thus, the petitioner can get limited relief in this petition to the extent of offence punishable under Section A IPC only .
Inthe Kerala High Court held that a legally valid marriage is necessary to sustain complaints alleging cruelty by husband or relatives. The police had registered a criminal case against the husband and in-laws based on the complaint.
Her son got divorced from his first wife only on April 30,and then married this woman on October 14,as per Special Marriage Act. I still dont think not wanting him to take a 3rd wife is a good way to feel, but I still feel this way but I dont stress over it. Allah promises us to answer our duah and He always keeps His promise. Sister Jessica, You are wonderful, MashAllah and I beg Allah with pure sincerety to bless you, forgive your sins and admit you to the highest Jannat.
Its very unique of you to defend your Muslim sisters and brothers and I admire you for that. What the sister said was really not in its place as only Allah knows the heart.
I asked Allah to protect all of us from slandering and backbiting. Sister Durriyyah, Thank you for a beautiful duah and may it be accepted inshaAllah. And I believe that there is a test in your life that you had manage or will manage in a strong way as well even if its not polygyny. May Allah reward you in the Akhirah as well sister and please continue keeping us in your duah.
Sister Rooh, Yes, and I cant believe I am in it. Allah made it easy for me sis and I am grateful. I appreciate her willingness to talk. She said that he pays her rent, does he not live with her when in the states You are actually judging me and even slandering me. Again, I will go back to advising myself and yourself to be very careful with words.
Allah put love in the heart. If Allah allowed my heart to feel a certain way towards him, who is anyone to feel otherwise? I wonder if your heart never admire or have a crush on a man? How did you conclude that I was chasing him? I clearly stated that I never showed him any interest.
Any whatsoever even with all the things he did with my kids. How he took time to play with them for extended period of time, how he took care of them, My wali did not even know I liked him.
Is it ok for you to state that I was chasing him? Khadijah ra was chased by many men and her heart wanted the Prophet saw and she asked him herself to marry her. She was the BEST of woman. I did not say it, Allah says she was.
So, I conclude even if I were showing him interest by even asking my wali to ask him, it would not have been unislamic unless we want to create our own law.
And secondly, again, provide proof that I tempted him. Tempting is a big word. A sinful word in my opinion. What is the proof? Alhamdullillah my Iman helped me not flirt with the brother, not look in his face. Inevitable circumstances allowed me to be around him at times professionally, times when he needed my help in things connecting to his work that I dont have to explain to keep private.
Allah knows and you dont know. My husband does not like women tempting him. Again, Allah knows and you dont know. May Allah help us not oppress our Muslim brothers and sisters with words.
And yes, Alhamdullillah he lives with me when he is in the states. Sister Inshallahbabe, Oh sis. I am so sorry you are so fearful. I wanted to give some words of advice. That is really nice of you to want your husband happy. You know, remember that only Allah can give you a child.
Try to be patient with the Qadr of Allah. Obviously, your husband loves you much and is reassuring you. There is a lot of misconception my sister, if that ever happens, which doesnt happen in every situation, dont assume that he doesnt love you and you can always tell him how you feel rigth now.
Is marrying twice a crime in India?
Its normal to feel this way at times and remember, Duahs are powerful. Ask Allah to ease your heart, ask Him to not test you with it if its not good for you for the Hereafter and if its good for you, ask him to give you a beautiful caring sister as a co-wife. And always remember sis, every woman in polyganous relationship needs reassurance.
Not only the first wife. And since your husband love you, he would never allow you anyone to hurt you I am sure. One thing my husband told me when we were intented is that he will not allow my co-wife or myself to be disrespectful to each other. Believe it or not, sis, last friday, after Jummah, my co-wife called me.
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It was almost unreal. She said that she is sorry about not wanting to talk to me but that I should understand because I am a woman. She thanked me for the gifts I sent to her, she said she now accept the Qadr of Allah and that she wants to keep in touch with me and want good relationship with me and ask me to give salam to my husband. This was truly from Allah. I did not expect that. All you have to do sis is ask Allah to either not test you with it or help you cope with it.
At the end of the day, apart from jealousy and insecurity that wives may have, its not as bad as others make it sound. If the husband does the right thing, you can actually love polygyny. I dont know if I made you feel better.
I really hope I did. Everything is already writen in the Book. Please dont worry my sister. The Prophet SAW had many wives and they were very happy with him. Sisterinhijab, First, I am so happy you are in hijab, smile, its faith and love of Allah that allowed you to wear it.
Second, I am not sure what you meant by five years later…… I am assuming though that you are in polygyny. Please do your part and be kind if you are. And refer back to what sister Sarah said.
Sister Om Fatimah, Sis, it may be that your duah may have been answered. Or my many many duahs. Last friday sis, after Jummah prayer, I recieved a phone call. Not even my best friend guessed who called when I was asking her to guess. Yes, it was my co-wife. We stayed on the phone for about 10 minutes. I was so happy. She wants to keep in touch and I promised her I will. My husband could not stop smiling when I told him even though he gave her the number. Like you said only Allah Knows what is best for us.
If its not best for you, He will not test you with it. I love you fisabillillah sister for the duah. And May Allah continue increasing your Iman. Jan 18, at May Allah bless your marriage, give you healthy and pious children, and ease the pain of the first wife.