‘Spouse’ — Does not include second wife — Hindu Marriage Act — S. 5.

14. ‘Spouse’ — Does not include second wife — Hindu Marriage Act — S. 5.

[Lagadapati Raja Gopal v. Sunkara Krishna Murthy, AIR 2010 (NOC) 881 (A.P.)]

The issue before the High Court was in respect of filing of false affidavit by a returned candidate in respect of disclosure of his assets. Election petition was filed alleging the non-disclosure of assets of second wife by the returned candidate. The word ‘spouse’ has been understood to connote a husband or wife, which term itself postulates subsisting marriage. Therefore, the word ‘spouse’ in Ss.(1) of S. 5 of Hindu Marriage Act cannot be interpreted to mean a latter spouse when a second marriage is contracted if the former spouse is living.

The second wife can be said to be a spouse only when her marriage is performed in accordance with law. Even if the returned candidate contracted second marriage, such marriage is void ipso jure and second wife cannot come within the meaning of spouse in view of the fact that her marriage with the returned candidate was void as the first marriage of the returned candidate was subsisting. Therefore, the column where the affidavit was to be furnished by the returned candidate, the word ‘spouse’ would only mean a legally wedded wife. Admittedly, the returned candidate had given the particulars required in the nomination affidavit about the details of his first wife. Therefore, for not showing the assets of the second wife, it cannot be said that the returned candidate gave false affidavit. The allegation of not furnishing the assets of the second wife cannot be said to be a false affidavit under any one of the provisions under the Representation of the People Act, 1951 or under the Constitution or under any other law from the time being in force.