Right of First Wife under Bigamy law
What are the legal rights available to first wife in case husband gets married again without giving divorce to me (first wife). I could file suit for maintenance or bigamy (criminal) or both to him but in which case do I have fair chance to get maintenance as well as share in his earned property (movable-non movable), ancestral property (yet to be transferred to him), PLI & GPF on his retirement? In case I sue him for maintenance I might get reasonable maintenance till he is employed but when he would retire (1 year later) I would have to survive with his pension which would not be enough for me .Also,he would have lump sum money in as annuity of his GPF at that time. I have been in stress for last couple of years and also have 3 adults dependent on me as they are unemployed. I am a simple house wife without any education.
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First, bigamy case is a criminal case. If you can prove bigamy, he will be arrested and sent to jail. You will not get maintenance. It is not maintenance case. Even if you write a complaint to his office about bigamy, he will be in big trouble and he will be suspended and after domestic enquiry, he may be terminated from the services. But, if you want to get maintenance, you have to file S.125 Cr.P.C. case and you will get that amount if you show that he is not giving proper maintenance to you. In respect of his post retirement benefits, as long as he lives, he can enjoy them. After that, you are entitled to those benefits, irrespective of to whomsoever he nominates. But your adult sons are not entitled but unmarried adult daughters are entitled till their marriage. I suggest you to file S.125 cr.p.c. in the present situation.
The laws are gender biased but now the legal experts are finding loop holes in them. We agree that second wife has no rights and for action of BIGAMY it has to be proved. But even first wife has to prove marriage. The accused can always take the plea that there was no legal marriage. Even far maintenance the first wife has to give valid reason for living the company of husband. DV LAW IS MORE DRACONIAN BUT STILL IT HAS MANY LIMITATIONS AND ANY CASE UNDER DV ACT CAN EASILY BE DISMISSED.
1. You can file for maintenance and also check wheater whose name is their in the office records and give a formal letter in the office where your husband is working
2. Regarding bigamy, his job will be in trouble and may be suspended till the case is proved
3. As far as ancestral property is concerned, you have legal rights rather than second wife
4. Does he stay with you or with second and why and what circumstances made him marry second is the big question.
Tags: Contested Divorce Maintenance Marriage