Can court give my house to my second wife on her demand?
Can the court give my house to my second wife? After a child marriage when I was 17, I remarried after sometime again after telling my second wife I was married.
I have a son from my first wife who is living in my house. The second wife has filed 5 cases against me out of which the forth case was of Domestic Violence was held in the mediation center where she asked me to transfer one house under her name where I clearly stated that one house will be under my son’s name and the other one under my daughter’s.
So if my wife demands for it can the court give her my house?
Firstly, with respect to child marriage laws in India, even though it is illegal, the child marriages is voidable at the discretion of the husband and wife as per a recent Supreme Court judgement.
So now that in your case, the marriage was consummated and a child was born out of the wedlock, you cannot claim the marriage as void and the court shall recognize it as a valid marriage, therefore your second marriage will be void.
As per the recent judgement with respect to maintenance of the second wife, the settled position is that in cases where if a man has kept his second wife in the dark about his first marriage, he is legally bound to provide for her and their children, although she cannot be treated as a "legally wedded wife". But if the second wife was aware of the the fact that the the man was lawfully married earlier then she cannot claim maintenance as she is not a legally wedded wife.
A wife under the domestic violence act is entitled to residential accommodation from her husband but she has to prove the existence of a valid marriage and that she is the legally wedded wife. But in your case the wife was aware of the first marriage and therefore she is not a legally wedded wife.
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