Press Esc to close
Sunday 26 October 2014
News updated at 2:29 AM IST
Weather
Max: 27°C
Min : 19.2°C
In Bangalore
Generally cloudy

Maintenance for second wife if man lied about first wedding:SC

New Delhi, Oct 20, 2013 (PTI)
Supreme Court: PTI File image


Marrying second time by hiding existence of first wedlock is illegal but the second wife is to be treated as the "legally wedded wife" for the purpose of getting maintenance from her husband under Hindu Marriage Act, the Supreme Court has ruled.


A bench of justices Ranjana Prakash Desai and A K Sikri said that the apex court's earlier judgement denying maintenance to the second wife would not apply to those cases where a man marriages the second time by keeping the lady in the dark about the first surviving marriage.

"If this interpretation is not accepted, it would amount to giving a premium to the husband for defrauding the wife. Therefore, at least for the purpose of claiming maintenance under Section 125 of CrPC (maintenance), such a woman is to be treated as the legally wedded wife," the bench said.


The apex court said that if the law is not interpreted in this way, then it would amount to "giving a premium to the husband for defrauding the wife".

"We are of the opinion that the judgements of this Court in Adhav and Savitaben cases would apply only in those circumstances where a woman married a man with full knowledge of the first subsisting marriage. In such cases, she should know that second marriage with such a person is impermissible and there is an embargo under the Hindu Marriage Act and, therefore, she has to suffer the consequences thereof.

"The said judgement would not apply to those cases where a man marries the second time by keeping that lady in the dark about the first surviving marriage. That is the only way two sets of judgements can be reconciled and harmonised," the bench said.
The court passed the order while dismissing an appeal filed by a man challenging a Bombay High Court verdict directing him to pay maintenance to his second wife whom he married by suppressing existence of his first marriage.

Go to Top

Photo Gallery
Mrs. Komal Kalra Pagarani who is all set to represent India...

Mrs. Komal Kalra Pagarani who is all set to represent India...

Fire at Balaji Studio Killick Nixon Studios in Mumbai...

Fire at Balaji Studio Killick Nixon Studios in Mumbai...

Sikh religious warriors, display their horse-riding skills at an event organized to celebrate...

Sikh religious warriors, display their horse-riding skills at an event organized to celebrate...

Bollywood actor Shatrughan Sinha with his family during Amitabh Bachchan's Diwali party in Mumbai..

Bollywood actor Shatrughan Sinha with his family during Amitabh Bachchan's Diwali party in Mumbai..

Sachin Tendulkar and his wife Anjali with Abhishek Bachchan during Bachchans' Diwali party...

Sachin Tendulkar and his wife Anjali with Abhishek Bachchan during Bachchans' Diwali party...

Narendra Modi clicks photographs during the Diwali Mangal Milan programme at BJP headquarters...

Narendra Modi clicks photographs during the Diwali Mangal Milan programme at BJP headquarters...

Nitin Gadkari leaves after meeting RSS Chief Mohan Bhagwat at RSS headquarters in Nagpur...

Nitin Gadkari leaves after meeting RSS Chief Mohan Bhagwat at RSS headquarters in Nagpur...

Brother & Sister take holy dip in river Yamuna on the occasion of Bhai Dooj...

Brother & Sister take holy dip in river Yamuna on the occasion of Bhai Dooj...

Dhoni talks to Hockey India player Ashunta Lakra during launch of hockey team in Ranchi...

Dhoni talks to Hockey India player Ashunta Lakra during launch of hockey team in Ranchi...

Brother of Thailand's Prime Minister Payap Shinawatra takes part in Robe...

Brother of Thailand's Prime Minister Payap Shinawatra takes part in Robe...

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bangalore - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523