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Under the Hindu Marriage Act, a man can have only one wife during the subsistence of a marriage as wedding for the second time amounts to crime under Section 494 IPC and Section 17 of the Hindu Marriage Act, inviting punishment up to seven years RI.
"When the two wives have come to an understanding who are you to oppose it? why should you be bothered, if one wife seeks compassionate appointment and another wants the compensatory benefits," a bench of Justices Markandeya Katju and R M Lodha asked, while dismissing a Karnataka Government's appeal. Counsel M Qamaruddin appeared for Lakshmi, the second wife.
The apex court rejected the government's argument that under the Hindu Marriage Act, since a man cannot have two wives during the subsistence of the marriage, the so-called second wife cannot claim any right of appointment by merely entering into an agreement with the first wife.
"If you are not a party to the agreement how does it matter, the two wives have reached a settlement," the bench observed.
The bench passed the order on an appeal filed by the state challenging a direction of the Karnataka High Court to the Government to consider the appointment of Lakshmi, second wife of G Hanumanthe Gowda, a head constable of the Armed Reserve Police.
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If the two wives co-exixted during the lifetime of husband,and the first wife did not object to the relation of the second wife with her husband why should there be any controversy after the death of husband? The second wife also deserves compassionate treatment particularly, when the law recognizes live-in relationship and makes provision of maintenance in case of break up.
I think this judgement is deliverered taking into consideration of the hardship of "second widow' of the deceased govt. servant, probably based on compassionate grounds. Yet, this judgement, from legal point of view lacks support of law books, may even become a precedent, capable of producing similar judgements in future.If we have to consider the plight of second widow, eventually similar treatment would be warranted by the third, fourth wives and so on. Karnataka govt must go for appeal against this judgement, merely to uphold the law of the land, with the sole intention of preventing a breach of law becoming totally a lawful activity. There is a subtle difference between Hindu marriages Act and contracts act.This point of mine should not be considered as a sacrilege of the judiciary, the highest court of this country.
Now a days personal opinions and Gut feelings of the persons occupying the judge position is superseeding the Law.If this logic is correct , agreements between two individuals say bribe giver and taker should be considered in same way , why law.Let us allow individuals to settle their scores.
DOES THIS MEAN THAT A SECOND MARRIAGE HAS A LEGAL SANCTION FROM THE GOVT.? UNDER NORMAL CIRCUMSTANCES, A SECOND MARRIAGE IS CONSIDERED ILLEGAL AND THE BIGAMIST/S IS LIABLE FOR PROSECUTION. THEN WHY THIS DOUBLE SPEAK?