IS ARRESTING APPLICABLE IF 2 WIVES {EX,PRESENT}DONE FIR OF 498A
05-Sep-2023 (In Family Law)
Dear Sir i want to know if a person doing marrige with any girl without inform about his first marrige and divorce although his first wife done fir on his on that time,on him and his family members for 498a etc,and same fir done by 2nd wife ,they threw out his second wife also in pregnancy's advance stage than what crpc or ipc are applicable in FIR ?CAN POLICE ARREST HIM OR HIS ANY FAMILY MEMBER ? after this can he file any application in court to meet that child ?
In Hindu Marriage Act no person is allowed to have second marriage if he is having 1st wife. For this you have to get divorced from the 1st wife. You can face criminal proceeding against the same. Pl contact
First wife's claim u/s 498a is maintainable however, arrest can't be made as we can refer the case of Rakesh Gupta, she can also file a case u/s 494, for bigamy, moreover she can go on to claim maintenance on ground of desertion and likewise divorce. Regarding custody of child, if child is below 5 yr, husband can't get custody. If above the age of 5 yrs then husband is entitle to custody however, the court will see position of both parties and decide keeping in mind interest of the child.
Regarding 2nd wife, her claim u/s498a can be negated on the ground that she is not his legally wedded wife. Whereas if she has contended in her complaint that the fact of first marriage was not revealed to her then only her claim is maintainable. Moreover she can claim maintenance under Hindu adoption and maintenance act also can complaint for rape, voluntary causing hurt.
Regarding child custody, since she is not legally wedded wife the child is illegitimate and hence only mother can be custodian so, you won't be given custody of child of 2nd wife..
Regarding 2nd wife, her claim u/s498a can be negated on the ground that she is not his legally wedded wife. Whereas if she has contended in her complaint that the fact of first marriage was not revealed to her then only her claim is maintainable. Moreover she can claim maintenance under Hindu adoption and maintenance act also can complaint for rape, voluntary causing hurt.
Regarding child custody, since she is not legally wedded wife the child is illegitimate and hence only mother can be custodian so, you won't be given custody of child of 2nd wife..
As I can understand your issue, second wife has lodged an FIR u/s 498A. However, even though your second marriage is valid or not, if the FIR is registered, u need to get bail as u anticipate arrest or accordingly create defence for yourself and your family members in order to avoid any arrest or penal action.
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