Press Esc to close
Sunday 14 February 2016
News updated at 1:10 PM IST
Weather
Max: 32°C
Min : 17°C
In Bengaluru
Sunny day

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
Bollywood actor Amitabh Bachchan during the flagship ceremony of Land Rover’s delivery...

Bollywood actor Amitabh Bachchan during the flagship ceremony of Land Rover’s delivery...

Actress Priyanka Upendra poses to photographers in ‘Valentines Day’ flower decoration at Jayamahal..

Actress Priyanka Upendra poses to photographers in ‘Valentines Day’ flower decoration at Jayamahal..

Students take part in a Kalash procession during centenary year celebrations of BHU...

Students take part in a Kalash procession during centenary year celebrations of BHU...

Buddhist monks playing their traditional musical instruments to welcome high monks...

Buddhist monks playing their traditional musical instruments to welcome high monks...

A Performer walks past another at the exhibition centre of the 'Make In India' week in Mumbai...

A Performer walks past another at the exhibition centre of the 'Make In India' week in Mumbai...

Players of India and Pakistan in action during Women's Kabaddi match at the 12th...

Players of India and Pakistan in action during Women's Kabaddi match at the 12th...

Shooters taking part in the final of 50M Women's Individual Rifle event ...

Shooters taking part in the final of 50M Women's Individual Rifle event ...

Pallavi Retiwala and Pooja Chaurushia of India compete in women's Triathlon race...

Pallavi Retiwala and Pooja Chaurushia of India compete in women's Triathlon race...

Gold Medal winner Rani Sarnobat flanked by Silver Medal winner Annuraj Singh (R)...

Gold Medal winner Rani Sarnobat flanked by Silver Medal winner Annuraj Singh (R)...

Gold Medal winner Omkar Singh of India, flanked by Silver Medal winner Kameel Ullah (left)...

Gold Medal winner Omkar Singh of India, flanked by Silver Medal winner Kameel Ullah (left)...

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