The Bombay High Court has recently decided on whether a man's 2nd wife can be granted legal status of 'wife' if she was kept in the dark about his first marriage.

The Court was dealing with a plea for restitution of conjugal rights and maintenance from husband wherein the appellant contended that she was unaware of her husband's first marriage when she wedded him.

Brief Facts of Case:

The appellant herein is a 47-year-old woman who moved to the HC in 2012 after a family court refused to accept her claim of being the 66-year-old man’s legally wedded wife. She alleged that respondent suppressed his first marriage with Chandrakala from her and when she discovered the same, she insisted the respondent to divorce his first wife.The respondent, thereafter, filed a petition for divorce from his first wife and they obtained divorce decree by mutual consent on 20th August, 2008. The appellant further stated that they after the divorce lived together as husband and wife until he left her upon her failure to fulfill the demand of money he made from her. It is the case of appellant that her husband left her company without any reasonable cause and failed to maintain the her  According to her, she being the legally wedded wife of the respondent, the respondent is bound to maintain her.

The Respondent on the other hand in his written statement has denied the factum of marriage. It is the case of the respondent that he has no concerned, whatsoever nature with the appellant. He has denied that the appellant is his legally wedded wife. According to him, the allegations made by the appellant are false and frivolous. The appellant wanted to grab the property of the respondent and lead luxurious life with the respondent and therefore concocted this false case. He took divorce from his wife (alleged first wife) due to personal reasons with mutual consent.

Family Court after considering the oral and documentary evidence adduced by the appellant recorded a finding that the appellant has failed to prove that she is legally wedded wife of
the respondent and thus dismissed her plea for maintenance.

Aggrieved the appellant knocked High Court's door with contention that the Family Court Judge failed to examine eveidence on record properly.

Court's Observation:

Upon hearing both the parties and examining the evidence on record, a division bench comprising of Justice AS Chandurkar and Justice GA Sanap observed on the outset that the appellant could have
obtained the marriage certificateand that she has has not placed on record any plausible explanation for not undertaking this exercise. It mentioned that she also admitted in her cross-examination that she knew about respondent's first marriage.

The Court overruled the strength of 'Wedding Card' as evidence. It furher noted in the direction:

"The appellant has relied upon one more document styled as gift deed of his property by the respondent in favour of the appellant. The learned Judge of the Family Court has exhibited this document. According to law, the gift deed of immovable property is compulsorily required to be registered. The learned Judge of the Family Court even did not bother to impound this document due to the non payment of the proper stamp. Be that as it may, the oral and documentary evidence is not sufficient to accept the case of the appellant to prove that she got married with the respondent on 16th August, 2003."

 The Court observed on her status to be respondent's legal wife, the following:

“Even if it is assumed for the sake of argument that the appellant [second wife] had been kept in dark about the first marriage of the respondent [husband] with Chandrakala in the year 1990, on proof of the said fact, the contention of the appellant that she is legally wedded wife of the respondent cannot be accepted".

The High Court thus accepted respondent's contention and held appellant was not his legally wedded wife as he was yet to get divorced at the time of the 2nd marriage. 

The bench rejected her contention that she was entitled to maintenance on account of the five years of cohabitation even if her marriage was held to be void. It thus accordingly dismissed the appeal.

Read Judgment Here:

 

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