quesCan husband marry another girl and give her my share in his property?

Will I have to share the property if my husband marries another girl and brings her to our home? We are hindu and my husband is having an affair with another girl since the past 3-4 years wherein he says that he will get married to her and get her to our home. He also says if I complain he will kill my brothers.


My relatives say that if he brings another wife, our property will go to her as well. What should I do to stop him from getting married to the other girl?


  • ans 

    In a Hindu Family if the Hindu man dies intestate (i.e. without leaving any testamentary document such as 'Will') then all his widows get one share of the property, each one of them get equal share of the one part, the only condition here is that both marriages in question of the Hindu should be properly solemnized although his second marriage during the first wife living shall be considered Void.


    However, the right of the second wife/widow to share the property of her deceased husband with the first wife can not be denied by virtue of section 10 rule 1 of the Hindu Succession Act,1956 which reads as:- 


    Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- 


    Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.


    Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share. 


    Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. 


    Rule 4.- The distribution of the share referred to in Rule 3- 


    (i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion. 


    (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions. 


    In view of aforesaid section, the girl with whom your husband is having extra martial relationship will be only entitled to share in the property if she legally gets married to your husband.


    With respect to your second query, the fact provided by you reflects that your husband is in an adulterous relationship with another man. It is pertinent to note that there is no provision under Hindu Marriage Act 1955, where a wife, apprehending her husband’s getting a second wife, can apply for and obtain an injunction restraining him from doing so. 


    However, a temporary injunction can be issued by the court in the interest of justice in exercise of its inherent power under Section 151 Civil procedure Code, if a proper case is made out therefore.


    Further, the Indian law treats adultery as an offence under Section 497 of Indian Penal Code, punishable with imprisonment which can be extended for a period of 5 years. Section 497 of Indian Penal Code, 1860 reads as under:


    "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."


    In view of above, you can make a criminal complaint against  your husband by invoking the penal section 497 and 499 of  Indian Penal Code before the appropriate criminal court in India.


    Further, if you intend seek divorce from your husband, then under Hindu Marriage Act 1955, (assuming you are a Hindu) adultery is one of the grounds for seeking divorce. 


    Section 13 of the Hindu Marriage Act provides the various grounds on which divorce can be sought by one of the parties to a marriage. It is as follows: 


    Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party-


    i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or


    a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or


    In view of aforesaid, you can file a divorce petition under Section 13 (1) (i) and Section 13 (1) (ia) on the grounds of adultery and cruelty ,and seek dissolution of marriage. It is pertinent to mention here, that to prove adultery is generally very difficult, the onus of proof is usually on the petitioner and you need to have strong and cogent evidence to prove that he has committed adultery. 


    The evidence stated in query will have to examined to conclude whether they are strong and cogent evidence to prove adultery.


    In addition to above, you can file an application for maintenance under Section 24 of Hindu Marriage Act 1955 or Section 125 Criminal Procedure Code. 


    Kindly contact us for any further details and action.


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