Prayagraj. Many people marry a second time while their first wife is alive. Under the Hindu Marriage Act, second marriage is a legal offense if the first wife is alive or there is no divorce. Now the Allahabad High Court has ruled that the second wife will not get any rights if she marries again while the first wife is alive. Justice Arun Kumar Singh Deshwal said in the decision that the second wife of a Hindu cannot sue her husband under section 498A of cruelty. The court said that the second marriage is considered void as long as the wife is alive. In such a situation, only the legitimate wife can file a case of cruelty against her husband.
Justice Deshwal has given this important decision while partially accepting the petition filed by Akhilesh Kesari and some others living in Robertsganj in Sonbhadra district of UP. Justice Arun Kumar Singh Deshwal also said in his decision that the second wife of such a Hindu person can definitely file a case against the husband for demanding dowry under Section ¾ of the Dowry Prohibition Act. The court said that if dowry is demanded after coming in contact for marriage, then it is a crime. The court accepted the application of the husband and relatives against the woman and canceled the 498A case against them. However, the accused will be prosecuted under some sections including demanding dowry.
The court also said an important thing that a case can be filed against the person concerned for demanding dowry even without marriage. In this case, the police filed a charge sheet against the accused and the magistrate took cognizance of him and sent summons. The husband and relatives petitioned the High Court that the woman is his second wife and hence not legitimate. The first wife is alive and was married to the second 6 years ago. He also has children from his second wife.