90,000+ Legal Questions Answered
Divorce - My boyfriend in living together relationship
1 year ago
My boyfriend in living together relationship( not legally married with other women.) Past 7 years.. He having 1 daughter 5yrs old.. The wife is so torchering so he want to quit the relationship but women asked penality of 50 lakhs and maintance charge of daughter. Is it right? He having monthly salary 15000..
A.Dear client,
If the alimony is being paid in the form of monthly payments, the Supreme Court of India has set 25% of the net monthly salary that should be granted to the wife by the husband. In case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband's total worth.
His extra marital affair with you can be a sufficient ground for the court to grant divorce and he shall have to pay maintenance for sure.
If the alimony is being paid in the form of monthly payments, the Supreme Court of India has set 25% of the net monthly salary that should be granted to the wife by the husband. In case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband's total worth.
His extra marital affair with you can be a sufficient ground for the court to grant divorce and he shall have to pay maintenance for sure.
Helpful
Helpful
Share
A.Dear Madam,
That is the Indian law which favors the married women who are unnecessarily abandoned by the husband. Be aware that husband cannot get marry 2nd wife unless he get legal divorce.
============================================================================
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Second marriage during the subsistence of the first marriage is illegal in India and the relationship arising from the same does not have any validity. One of the conditions for a valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the party should have a spouse living at the time of the marriage. Under Section 11 of the Act, second marriages can be declared null and void.
LAW IN DETAIL………………………….……………….……… …………… …… Bigamy becomes an offence only if the husband or wife is alive. It is an offence even if it is performed with the consent of the first wife. It will not apply, • if the husband or wife of the first marriage is dead or • if the first marriage has been dissolved by a decree of divorce or • the former marriage is void or declared void by a decree of nullity Section 494 of the Indian Penal Code exempts from punishment a second marriage contracted seven years after the absence of the spouse. In Sarla Mudgal v. Union of India (1995 air 1531 SC), the Supreme Court held that, • If a man after renouncing Hindu religion has adopted Muslim religion and he without taking divorce from his wife has married again, then this marriage is not legal. • He will be punished for committing bigamy under section 494 IPC Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both. For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both. However, this offence committed under section 495 is not compoundable. As for the second wife, though she is not entitled to any kind of right or share in the husband’s property, she can also claim interim maintenance from her husband. In Laxmibai v. Ayodhaya Prasad, it was held that ‘wife’ and ‘husband’ used in Section 24 of the Hindu Marriage Act are not be given strict literal meaning. The expression should mean a person claiming to be wife or a husband. In Rajesh Bai v. Shantabai, it was held that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under section 25 of the Act. Interim maintenance under Section 20 is also allowed. The children from the second wife are entitled to share in their father’s self –acquired property. PROCESS FOR SOLUTION……………………………….………… ……………… Complaint Under which Section ? …………………………… … …………… Only the person aggrieved can complain in case of bigamy. If the aggrieved is the wife, then her father can complain under section 494/495 of the Indian Penal Code. A petition for declaration that the second marriage is void can be filed only by the parties to the marriage and not by the first wife. A complaint can also be filed for cheating under section 415 IPC for fraudulently deceiving the person by keeping the subsistence of the first marriage a secret. Whom to complain / where to complaint? ……………….. …………………… The wife can file a complaint either in the court or in the Police station. How to file the Case ? ………………………… ………………... ………… …… The Supreme Court has laid down that proof of solemnization of second marriage in accordance with the essential religious rites applicable to parties is absolutely essential and a must for conviction for bigamy. Mere admission by the accused is not enough. What Next ? …………………………..………………………... …… ……………… Appeal lies to the next higher court in the hierarchy. ALTERNATE REMEDIES………………………………………..………………… … If the offence is committed under section 494, it can be compounded with the permission of the court.
http://vikaspedia.in/social-welfare/women-and-child-development/women-development-1/bigamy
Does a provision differ for different religions?
Even though Indian Penal Code prohibits and punishes for Bigamy, it is necessary that Personal laws in India should prohibit bigamy. We can go through the following Personal laws in India to understand this concept-
1. Hindu Marriage Act– Section 1 of Subsection (a), (b) and (c) states which specific religion and persons come under this Act. Thus, under Section 17 of Hindu Marriage Act, any person considered Hindu according to Section 1 marries again during the life of first husband/wife, shall be punished under Indian Penal Code provision.
2. Parsi Marriage and Divorce Act– Section 5 of this act declares Bigamy null and void or dissolved and imposes a penalty under Section 494 and 495 of Indian Penal Code.
3. Christian Marriage Act– Even though the Christian Marriage Act doesn’t have specific provision for Bigamy, Form of Register Marriage is only for Bachelor/Spinster and Widow/Widower. For Marriage Certificate Section 60 Sub Section (2) states that “neither of the persons intending to be married shall have a wife or husband still living”, and making false oath or declaration is punishable under Section 193 of IPC, this clarifies that more than one marriage will be considered illegal under this act.
4. Special Marriage Act 1954– Section 44 of this act states punishment for Bigamy and imposes a penalty under Section 494 and 495 of Indian Penal Code.
Foreign Marriage Act 1969- Section 19 of this act states punishment for Bigamy and imposes a penalty under Section 494 and 495 of Indian Penal Code.
5. Muslim Marriage Law– There are no codification or specific provisions for this law. It is written in Quran that a Muslim male can marry two, three or four times, if they are capable to treat and respect each wife equally after marriage, if not then only one.
If a person marries more than once under Hindu Marriage Act, Parsi Marriage and Divorce Act, Christian Marriage Act, Special Marriage Act and Foreign Marriage Act, he/she will be punished according to Indian Penal Code.
And according to Muslim Marriage law, any Muslim Male committing Bigamy is not invalid and hence not an offence.
That is the Indian law which favors the married women who are unnecessarily abandoned by the husband. Be aware that husband cannot get marry 2nd wife unless he get legal divorce.
============================================================================
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Second marriage during the subsistence of the first marriage is illegal in India and the relationship arising from the same does not have any validity. One of the conditions for a valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the party should have a spouse living at the time of the marriage. Under Section 11 of the Act, second marriages can be declared null and void.
LAW IN DETAIL………………………….……………….……… …………… …… Bigamy becomes an offence only if the husband or wife is alive. It is an offence even if it is performed with the consent of the first wife. It will not apply, • if the husband or wife of the first marriage is dead or • if the first marriage has been dissolved by a decree of divorce or • the former marriage is void or declared void by a decree of nullity Section 494 of the Indian Penal Code exempts from punishment a second marriage contracted seven years after the absence of the spouse. In Sarla Mudgal v. Union of India (1995 air 1531 SC), the Supreme Court held that, • If a man after renouncing Hindu religion has adopted Muslim religion and he without taking divorce from his wife has married again, then this marriage is not legal. • He will be punished for committing bigamy under section 494 IPC Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both. For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both. However, this offence committed under section 495 is not compoundable. As for the second wife, though she is not entitled to any kind of right or share in the husband’s property, she can also claim interim maintenance from her husband. In Laxmibai v. Ayodhaya Prasad, it was held that ‘wife’ and ‘husband’ used in Section 24 of the Hindu Marriage Act are not be given strict literal meaning. The expression should mean a person claiming to be wife or a husband. In Rajesh Bai v. Shantabai, it was held that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under section 25 of the Act. Interim maintenance under Section 20 is also allowed. The children from the second wife are entitled to share in their father’s self –acquired property. PROCESS FOR SOLUTION……………………………….………… ……………… Complaint Under which Section ? …………………………… … …………… Only the person aggrieved can complain in case of bigamy. If the aggrieved is the wife, then her father can complain under section 494/495 of the Indian Penal Code. A petition for declaration that the second marriage is void can be filed only by the parties to the marriage and not by the first wife. A complaint can also be filed for cheating under section 415 IPC for fraudulently deceiving the person by keeping the subsistence of the first marriage a secret. Whom to complain / where to complaint? ……………….. …………………… The wife can file a complaint either in the court or in the Police station. How to file the Case ? ………………………… ………………... ………… …… The Supreme Court has laid down that proof of solemnization of second marriage in accordance with the essential religious rites applicable to parties is absolutely essential and a must for conviction for bigamy. Mere admission by the accused is not enough. What Next ? …………………………..………………………... …… ……………… Appeal lies to the next higher court in the hierarchy. ALTERNATE REMEDIES………………………………………..………………… … If the offence is committed under section 494, it can be compounded with the permission of the court.
http://vikaspedia.in/social-welfare/women-and-child-development/women-development-1/bigamy
Does a provision differ for different religions?
Even though Indian Penal Code prohibits and punishes for Bigamy, it is necessary that Personal laws in India should prohibit bigamy. We can go through the following Personal laws in India to understand this concept-
1. Hindu Marriage Act– Section 1 of Subsection (a), (b) and (c) states which specific religion and persons come under this Act. Thus, under Section 17 of Hindu Marriage Act, any person considered Hindu according to Section 1 marries again during the life of first husband/wife, shall be punished under Indian Penal Code provision.
2. Parsi Marriage and Divorce Act– Section 5 of this act declares Bigamy null and void or dissolved and imposes a penalty under Section 494 and 495 of Indian Penal Code.
3. Christian Marriage Act– Even though the Christian Marriage Act doesn’t have specific provision for Bigamy, Form of Register Marriage is only for Bachelor/Spinster and Widow/Widower. For Marriage Certificate Section 60 Sub Section (2) states that “neither of the persons intending to be married shall have a wife or husband still living”, and making false oath or declaration is punishable under Section 193 of IPC, this clarifies that more than one marriage will be considered illegal under this act.
4. Special Marriage Act 1954– Section 44 of this act states punishment for Bigamy and imposes a penalty under Section 494 and 495 of Indian Penal Code.
Foreign Marriage Act 1969- Section 19 of this act states punishment for Bigamy and imposes a penalty under Section 494 and 495 of Indian Penal Code.
5. Muslim Marriage Law– There are no codification or specific provisions for this law. It is written in Quran that a Muslim male can marry two, three or four times, if they are capable to treat and respect each wife equally after marriage, if not then only one.
If a person marries more than once under Hindu Marriage Act, Parsi Marriage and Divorce Act, Christian Marriage Act, Special Marriage Act and Foreign Marriage Act, he/she will be punished according to Indian Penal Code.
And according to Muslim Marriage law, any Muslim Male committing Bigamy is not invalid and hence not an offence.
Helpful
Helpful
Share
Read Related Answers
Marriage problem
Dear Sir,
Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
My wife hardly stays with me what should I do
Dear Sir,
First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
Divorce case
Dear Client,
In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
Husband harrasment
Dear Client,
In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
Mental harassment by husband staying in Pune on wife living in Bangalore
Dear Madam,
Please file multiple cases against your husband and his family members. You can get maintenance easily thus he may come for compromise.
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
