• Divorce and Maintanance

Being a member of aadivasi community(ST)in Govt. employee. can i marry second time without divorcing first wife even thought she is not consenting? Does she entitle the maintenance as in our community such customs is not prevailing ?
Asked 4 years ago in Civil Law

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11 Answers

hello,

the Hindu marriage act is applicable on all Hindus.certain communities are exempt from this act but they have to prove that HMA is not applicable upon them and they have a custom that has been prevalent for many decades.

in these type of cases, you are exempt from HMA.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Can marry legally but no one will support this advice. You are liable to maintenance user 125 CR pc.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Second Marriage by Public Servant though permitted by Personal Law amounts to Misconduct:...

2) second marriage contracted by a Government servant without permission from the Government, even if it is permissible by personal law, amounts to misconduct. ...

3) you can be dismissed from service if you remarry without govt permission

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1 First check if your customs allows bigamy.

2. only the existing customs on bigamy in your tribe allows you to marry second time. However since you are a government employee it is to be checked customary bigamy is permissible for government servant or not. in most likelihood it would be prohibited.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

This is my response to you:

1. No you should not marry a second wife while first marriage is in intact;

2. This is punishable under IPC as bigamy;

3. IPC takes control over any custom or practices in India;

4. Therefore it is better to divorce your wife legally and then do a second marriage;

5. Especially a Government employee should not do this, as it could hamper your career as well.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

u can't get 2nd marriage and wife can claim maintenance under any circumstances

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Dear Client,

You cannot marry while subsistence of previous marriage, service rule will prevail over custom.

She can claim maintenance under sec 125 CrPC, Domestic violence act etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) Adivasi customary law allows a man to have more than one wife at one time. This should be prohibited as it is by Hindu law. Divorce is difficult to get by Hindu law, but relatively easy among adivasis. It was felt that in this respect adivasi custom is more favourable to women, with the exception of the provision that a woman must return the bride price if she wants a divorce. This is a major burden for her.

2) Pastoral Tribes of Aryans arrived in India and imposed their own patriarchal culture over the indigenous people and system of uncultured society with slavery and Chaturvarna was created. When Aryan tribes came they did not bring their women they married the Adivasi women from this country. Therefore, patriarchal customs gradually prevailed the Adivasi society, and the caste system itself became a hurdle against liberation of women in this country.

Status of women and men is equal among the Adivasi. In the "Gotul" the Adivasi young men and women have got full liberty to select their life partner and both of them earn their leaving to lead life of unity after marriage. Every women has got some rights like men and divorce and re-marriage. The divorce women can get easily re-marriage. There is no divorce system neither there is any bad customs like sati within the Adivasi. The laws based on customs and traditions of Adivasi are based on more equality and give the protection to the Adivasi.

The Hindu law are supporting patriarchal social system. To imposed Hindu law over Adivasi means imposing of patriarchal law over the Adivasi women. Hindu law has kept away women and avoided codification of Adivasi law leading to the anomalous condition.

According to the section 494 of Indian Penal Code bigamy is a punishable crime. The customs and tradition of Adivasis give sanction to bigamy. Therefore, Adivasi men can not be tried in the court of law.

Manu has enjoining that women have no social rights and has to lead her life under somebody's slavery. As per Hindu religious texts, father will protect her in the childhood, the husband during youth, and son in the old age. Women have no independent existence, says Manu (9.31)

Social reformers Mahadeo Govind Ranade and Gopalkrishna Gokhale define the word "Raksha" in Manu's verse as meaning "protection" and said that woman is protectable but not a slave whereas the Bal Gangadhar Tilak defines the word "Raksha" as "to be controlled" and declared that unless the woman is kept under control by father, husband or son, she becomes promiscuous and adulteress.

According to Adivasi culture the women are honoured by giving them equal status. This we find in practice even today in the Adivasi Padas i.e. colony. However, lately because of the influence of the Hindu traditions the Adivasi women are being denied the status of equality.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

See if there is no custom you cannot marry as if wife file a case of bigamy you shall be convicted and loose your job too. As in Advasi the bigamy is allowed only at places where it is custom and practice otherwise it considered as offence under the 494 IPC.

Further you are govt. employee and apart form the IPC a government employee is not allowed to marry in life of first wife so in case you marry govt. that is your department can initiate prescribed enquiry and punishment against you

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

So yes you should marry again before giving divorce,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The second marriage by an Advasi may be permitted provided their tradition and customs allow such kind of marriages.

This cannot be considered as bigamy since their traditions allow.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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