Only the First wife could lay claim on her husband’s money: Bombay HC

Team SoOLEGAL 29 Aug 2020 4:41pm

Only the First wife could lay claim on her husband’s money: Bombay HC

On Tuesday, the Bombay High Court has noted that in accordance with the law, if a man had two women as his wives and both demanded his income, only the first wife would have the right, but his children, would lay on his claim, from both marriages.

The above observation was made by a bench of Justices SJ Kathawalla and Madhav Jamdar after the state government submitted that there was previous judgment of the Aurangabad High Court which envisaged a similar guideline.

The court in the present case was hearing a petition filed by the second wife of an assistant sub-inspector in the Maharashtra Police who succumbed to Covid-19 on May 30. In accordance with the State Govt’s resolution each front-line warrior who has succumbed to Covid-19 will get a compensation of Rs. 65 Lakh which can be claimed by his/her family. In this case two claims were made to that amount, one from the first wife and the other by the second one.

The court stated, The law says that the second wife might not get anything. But the daughter from the second wife, and the first wife and the daughter from the first marriage will be entitled to the money”. This statement was given by the court with regard to a petition filed by the second wife’s daughter who said that they should get the money in order to save themselves from homelessness and hunger.

The first wife and the daughter of the deceased had contended that they were not aware of the second family altogether. However, this contention was countered by second wife’s family by saying that that both families knew the existence of each other as they have contacted each other through Facebook.

The court has directed the first wife and daughter to clarify whether they had known the second wife’s family or not through filing an Affidavit by Thursday

The daughter of second wife has told the court that both marriages were registered under the Hindu Marriage Act, 1955 and the Registrar of Marriages. And being the daughter of the deceased, she is also entitled to family pension and death-gratuity.

Tagged: Bombay HC   Justice SJ Kathawalla   Justice Madhav Jamdar   Aurangabad High Court   Maharashtra Police   Covid-19   Hindu Marriage Act  
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