In Two Separate Cases, Karnataka And Gauhati HCs Have Said There Can Be No Bigamy In Hinduism
The Gauhati High Court has held that in the Hindu religion, there is no concept of Bigamy and therefore, a second wife is not entitled to a family pension in the existence of the first wife.
The court made the observation in a family pension dispute between two women.
Second wife not entitled to a family pension
The petitioner had approached the HC arguing that she was the second wife of Biren Deka, a former Assam Irrigation Department employee who passed away in 2016.
According to the petitioner, they had three children and following his death, she is entitled to a family pension.
This was contested by the first wife of Deka who argued that as per law, only she is entitled to the family pension.
The Gauhati High Court bench of Justice Sanjay Kumar Medhi noted that both parties are Hindu by religion and as per the Hindu Marriage Act there is no concept of bigamy rather the same is an offence under the Indian Penal Code and also a ground for divorce.
The court thus held that a second wife is not entitled to a family pension in the existence of the first wife and dismissed the petition.
Consent of wife or wives doesn't matter??
In a related case the Karnataka High Court held that bigamy is an offence and consent given by a wife or wives would be immaterial.
The court made the comment in a petition filed by a 77-year-old seeking to quash the case of bigamy filed against him.
Anand C alias Anku Gowda's first wife, Chandramma, had filed the case of bigamy and abetment against him, his third wife Varalakshmi, 49, and four of his close friends and relatives.
Married first wife's sister and another woman
Anand had married Chandramma in 1968. He married her sister Savitramma in 1972. Anand claimed Chandramma had consented to the second marriage.
Anand married Varalakshmi in 1993 and claimed before the HC that both his first two wives consented to the third marriage.
Chandramma's complaint of bigamy was filed in 2018. She alleged that Anand had suppressed the fact of his earlier marriages while marrying Varalakshmi.
Anand, his third wife and other accused challenged it in the High Court on the ground that the complaint was filed nearly 25 years after the wedding. The second contention was that the third marriage had the consent of his other two wives.
Still married is continuing offence
The septuagenarian claimed that the bigamy case was filed after a property dispute involving his three wives. He had gifted a property to his third wife which was dissented by the other two leading to the bigamy case being filed. The children from the first wife have also initiated suits for partition against Anand.
In the court, Anand admitted that he is still married to the three women, to which the judge said his admission makes it a "continuing offence" and dismissed his plea to quash the case.
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