If you are stuck in such a situation, here is what to do.

A young college student, Rohan, finds himself in a deeply distressing family crisis. His mother, Mrs. Verma, is suffering from a critical illness that requires a major medical procedure. Amidst this challenging period, Rohan’s maternal uncle, Mr. Sharma, delivered shocking news. He alleged that Rohan’s father, Mr. Verma, is not only engaged in an extramarital affair but has also secretly married another woman, named Ms. Priya. This information reportedly came from Ms. Priya’s former husband, who cautioned that her primary motive might be to take over Mr. Verma’s assets and property. When Rohan confronted his father about these allegations, Mr. Verma flatly denied everything, dismissing the claims as baseless rumours. The situation has left Rohan feeling helpless and overwhelmed, deeply concerned about his mother’s well-being and the security of their family.

Advice in such cases

Navigating such a sensitive and emotionally charged situation requires a calm and strategic approach. The primary focus should always be the health and well-being of the ailing parent.

• Prioritise Health: Ensure your mother receives the best possible medical care without being exposed to this distressing information, as it could worsen her condition.
• Gather Information Discreetly: Before taking any action, try to discreetly verify the claims. However, do not put yourself at risk or engage in confrontations.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Secure Documents: Safeguard all important legal and financial documents, including property papers, bank account details, and your mother’s ‘Stridhan’ (assets she received before, during, and after marriage).

Applicable Sections of Law

Several provisions under Indian law are relevant in such scenarios, particularly under the new legal framework:

• Bigamy: If a person marries again during the lifetime of their spouse, it is a criminal offense. Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023, penalizes the act of bigamy. A complaint can be filed by the aggrieved spouse or a close relative on her behalf.
• Cruelty: The act of entering into a second marriage and the associated emotional distress can be considered mental cruelty towards the first wife. Section 86 of the BNS addresses the offense of cruelty by a husband or his relatives.
• Grounds for Divorce: While adultery is no longer a criminal offense following the Supreme Court’s judgment in Joseph Shine v. Union of India, it remains a valid ground for seeking a divorce under the Hindu Marriage Act, 1955. The father’s actions, including the alleged second marriage, constitute strong grounds for cruelty and adultery.
• Domestic Violence: The Protection of Women from Domestic Violence Act, 2005, offers civil remedies for emotional and economic abuse. The wife can seek protection orders, residence orders, and monetary relief under this Act.

If you are the complainant

If you are acting on behalf of your mother (the aggrieved wife), you can take the following steps after legal consultation:

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• File a Criminal Complaint: A complaint for the offense of bigamy under Section 82 of the BNS can be filed with the police or directly in the Magistrate’s court.
• Initiate Divorce Proceedings: A petition for divorce can be filed in the family court on the grounds of adultery and cruelty.
• Seek Maintenance: A petition for maintenance can be filed for the wife to ensure her financial needs are met during and after the legal proceedings.

If you are the victim

If you are the aggrieved wife in this situation, it is crucial to prioritize your own well-being while taking steps to protect your legal rights.

• Seek Support: Lean on trusted family members and friends for emotional support. Your physical and mental health is paramount.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Secure Your Finances: Protect your ‘Stridhan’ and any other personal assets. If you have joint bank accounts, take legal advice on how to secure your share.
• Empower a Representative: If your health does not permit you to handle these matters personally, you can execute a Power of Attorney in favour of a trusted person, like your son, to act on your behalf.

How the police behave in such cases

Police response in such matters can vary. Initially, they might perceive it as a “family dispute” and suggest mediation. However, for a cognizable offense like bigamy (Section 82, BNS), upon the submission of a formal complaint with prima facie evidence, they are duty-bound to register a First Information Report (FIR) and investigate. Similarly, a complaint of cruelty under Section 86 of the BNS would also warrant the registration of an FIR. It is important to be persistent and provide a clear, written complaint detailing all the facts and allegations.

FAQs people normally have

Is the second marriage legally valid?

No. If the first marriage is legally valid and subsisting, the second marriage is void ab initio (void from the very beginning) and has no legal standing.

What are the mother’s rights to the property?

The wife has a right to her ‘Stridhan,’ a right of residence in the matrimonial home, and a right to claim maintenance. She also has a right to her share in ancestral property, if any. The husband cannot unilaterally sell joint property or deny her residential rights without due process of law.

Can the father remove the mother from his will?

A person can bequeath their self-acquired property to anyone they choose through a will. However, they cannot deny the wife her legal right to maintenance or her share in ancestral properties.

What evidence is required?

Strong evidence is crucial for a successful legal outcome. This may include:

• For Bigamy: A marriage certificate of the second marriage, photographs or videos of the ceremony, invitations, or testimony from witnesses who attended the second wedding. Public documents where the father has named the other woman as his wife are also powerful evidence.
• For Adultery: Circumstantial evidence such as photographs of the couple together in compromising situations, hotel records, or witness testimonies can be used to prove adultery in a divorce case.
• For Cruelty: Medical records documenting the wife’s deteriorating health due to stress, witness statements from family members (like the son or uncle), and any recorded communication (texts, emails) that demonstrates mental harassment.

How long will the investigation take?

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police are mandated to complete their investigation and file a final report (chargesheet) within a stipulated time, typically 60 to 90 days for most offenses. However, investigations into family-related criminal cases can be intricate and may face practical delays due to the collection of evidence and witness statements. The duration of the subsequent court trial depends on the complexity of the case and the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India