The High Court described the trial court’s findings as “presumptuous and objectionable”, as they wrongly assumed that the second wife was aware of the man’s first marriage without proper evidence.
Telangana: The Telangana High Court has ruled that a second marriage without legally divorcing the first wife is completely invalid under the Hindu Marriage Act, 1955.
Additionally, if a man falsely claims to be unmarried or legally divorced to get a woman’s consent for marriage and physical relations, it is considered rape under Indian law.
A division bench, including Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao, gave this judgment while hearing an appeal against the order of the I Additional Family Court-cum-XIV Additional Metropolitan Sessions Court, Hyderabad.
The lower court had earlier rejected a petition filed by the second wife, where she had sought annulment of the marriage and alimony.
The woman, who was the second wife, had filed a petition under:
- Section 11 (void marriages)
- Section 5 (conditions for a Hindu marriage)
- Section 25 (permanent alimony and maintenance) of the Hindu Marriage Act, 1955. She wanted the court to declare the marriage invalid, as her husband had not legally divorced his first wife when they got married. She also alleged that her husband had lied about his marital status, making her believe he was divorced. Additionally, she demanded alimony of Rs. 1 crore.
However, the lower court dismissed her petition, saying that she knew about his first marriage and did not submit financial proof to justify her claim for alimony.
The Telangana High Court set aside the lower court’s ruling. It found that the man had failed to prove that he had obtained a customary divorce from his first wife, who had been in a coma for the past 14 years. Because of this, the second marriage was illegal under Section 5(i) read with Section 11 of the Hindu Marriage Act.
The court observed:
“Since the respondent knew at the material point of time that he had a wife living at the time of entering into physical relations with the appellant and the appellant’s consent to such physical relations was premised on her believing that the respondent is her lawfully-wedded husband, the respondent is guilty of the offence punishable under sections 375 and 376 of the IPC and alternatively, under sections 63 and 64 of the BNS.”
The High Court strongly criticized the trial court’s reasoning for dismissing the case. It noted that the lower court had overlooked the fact that the marriage was illegal while denying alimony.
The High Court described the trial court’s findings as “presumptuous and objectionable”, as they wrongly assumed that the second wife was aware of the man’s first marriage without proper evidence.
The court pointed out a contradiction in the Family Court’s decision. On one hand, the lower court denied alimony on the ground that the woman was a second wife, but on the other hand, it did not check whether the husband’s first marriage was still legally valid. The High Court stated:
“The Trial Court failed to consider that the marriage between the appellant and the respondent, both Hindus, could not have been legally solemnized if the respondent had a spouse living at the time of the marriage.”
After reviewing all the facts, the High Court:
- Annulled the marriage, declaring it invalid from the beginning.
- Held the husband guilty of rape, as he misled the woman into believing their marriage was legal.
- Overturned the lower court’s decision, saying the woman was entitled to alimony.
The High Court firmly rejected the Family Court’s view that the second wife was not entitled to alimony. Referring to the Supreme Court’s judgment in Sukhdev Singh Vs. Sukhbir Kaur, the High Court clarified:
“The trial court’s finding that the appellant is disentitled to alimony as the second wife of the respondent is wholly perverse.”
It reaffirmed that even if a marriage is legally void, the spouse is still entitled to claim alimony under Section 25 of the Hindu Marriage Act.
Case Number: FAMILY COURT APPEAL No.19 of 2025
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