Legal Status of Second Marriage and Rights of Second Wife
The act of entering into a second marriage while the first marriage is still valid is considered illegal in India, and any relationship stemming from such an act is deemed invalid. Despite the explicit legal prohibition, the practice of "second marriages" is prevalent in Indian society. This disparity between the law and social practices leaves second wives in India with minimal legal protection.
The Hindu Marriage Act,1955 initially mandated that for a marriage to be valid, neither party should have a living spouse at the time of the marriage. The older law permitted a man to marry again while his first wife was alive, unless customs dictated otherwise for women. However, with the introduction of the Hindu Marriage Act in 1955, second marriages could be declared null and void from the beginning. This required adherence to customs and rites, ensuring that the spouse from the first marriage was legally wedded, and the second marriage was subsisting on the date of its occurrence.
The social stigma attached to being a second wife, coupled with the lack of legal recognition and the emotional distress of being deceived into such a marriage, creates a challenging situation for women. While there is no explicit acknowledgment of second wives, judicial interpretations of existing laws provide them with some prospects of obtaining maintenance. However, without clear legal provisions, their ability to assert their rights relies heavily on judicial discretion.
Criminal law poses challenges in proving bigamy, as a valid marriage must be demonstrated to establish the offense. Legal loopholes are often exploited by men to defend themselves in such cases.
Historically, though monogamy has been the norm, exceptions such as polygamy have existed. Customarily, the first wife held precedence, and subsequent wives were considered a superior class of concubines. In British India, it was accepted that a Hindu male could marry again without restrictions, even with a living spouse.
Legal cases such as Ishwar Singh v. Smt Hukum Kaur and Trailokya Mohan v State of Assam illustrate how the law addresses instances of bigamy and the complexities involved in establishing the validity of second marriages.
Under Section 494 of the Indian Penal Code, a person committing bigamy is liable to imprisonment. However, exemptions exist for second marriages after a prolonged absence of the spouse. Complaints for bigamy can only be filed by the aggrieved party (STATE OF ORISSA Vs. SHARAT CHANDRA SAHU.
Injunctions restraining second marriages are not maintainable, but civil suits for perpetual injunctions may be viable. Declaration petitions asserting the void nature of second marriages can only be filed by the involved parties.
The Hindu Marriage Act of 1955, Section 13, provides grounds for divorce, allowing second wives to seek relief if their husband's first marriage was ongoing at the time of the second marriage. Sections 24 and 25 of the Act address interim and permanent alimony, respectively, offering some recourse to second wives.
The interpretation of maintenance provisions under Section 24, the Hindu Marriage Act, has been broadened by courts to encompass the rights of second wives. Additionally, the Hindu Adoption and Maintenance Act of 1956 allows second wives to claim interim maintenance.
In conclusion, the discrepancy between legal provisions and social practices regarding second marriages in India underscores the need for comprehensive legal frameworks to safeguard the rights of women involved in such unions. Unambiguous legislation would alleviate the challenges faced by second wives, providing them with the necessary legal recourse and protection.