Delhi HC: 2nd Wife Has Right To Maintenance ? Maybe Not !

I’ll have the judgment as soon as I find it.

“In a significant ruling, the Delhi High Court has held that a man’s second wife has the right to claim maintenance in the event of a divorce if he had misrepresented himself as a bachelor to trick her into a marriage.
The court said though a bigamous marriage is illegal under the Hindu Law, the woman whose life has been ruined on account of the deceitful act, is entitled to a lump sum amount in the form of damages.
A Bench of Justices AK Sikri and Aruna Suresh said this while setting aside a trial court order dismissing a petition filed by Narinder Kaur seeking maintenance.”

The SC has something different to say. Here is the link:

http://www.hindu.com/2005/03/25/stories/2005032503361200.htm

Here is the judgment:

SC Judgment On Maintenance – Legally Married Wife

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6 Responses to “Delhi HC: 2nd Wife Has Right To Maintenance ? Maybe Not !”


  1. 1 suresh November 13, 2007 at 3:21 pm

    Only legally wedded wife entitled to maintenance: SC

    By Our Legal Correspondent

    http://www.hindu.com/2005/03/25/stories/2005032503361200.htm

    NEW DELHI, MARCH 24 . The Supreme Court has held that only a legally wedded wife, and not the woman in second marriage, was entitled to get maintenance from her husband. But the illegitimate children from the second wife are entitled to such maintenance.

    A Bench, comprising Justices Arijit Pasayat and S.H. Kapadia, said: “There may be substance in the plea of the appellant that the law operates harshly against the woman who unwittingly gets into relationship with a married man and Section 125 of the Cr. P.C. does not give protection to such woman.”

    The Bench noted: “The law is fairly well settled regarding the definition of the expression `wife’ (under Section 125 Cr. P.C.) and there is no scope for giving an extended meaning to include a woman who is not legally married.”

    “This may be an inadequacy in law, which only the legislature can undo. But as the position in law stands presently there is no escape from the conclusion that the expression `wife’ as per Section 125 Cr. P.C. refers to only the legally married wife.”

    In this case, a woman claimed that she was married to a person who was already married. A child was born to them and thereafter he deserted her and the child. She claimed maintenance for herself and the child. The trial court awarded maintenance to both.

    Like

    • 2 Danny March 11, 2012 at 5:59 pm

      Sir please see that some share should be given to the second wife when she does so much for the family when 1st wife leaves her children near husband tries to lead a happy life away from family tensions and wheras here second wife taking the burden on her shoulders like getting 1st wives children get married and settle them and end of the day getting no share when it comes to property ….this is totally unfair for the second wife. I am writing this with lotta pain sir im a son of such victim sometimes we feel Indian laws are just nothing.

      Like

  2. 3 Dr. R. Shashi Kumar July 10, 2008 at 6:49 pm

    Respected Sir,

    I gone through the judgement. But, what I wish to express is ‘how to tackle the problem of a child who was born to the first husband of the second wife?’. In my view, all should get the benefits: whether first wife or second wife, whether children of first wife or second wife etc.,

    Like

    • 4 Danny March 11, 2012 at 5:53 pm

      I totally agree with you sir well said everybody should get equal shares or els it will be unfair for the one mostly for the second wife . some laws shhould be made to do justice to the second wives.

      Like

  3. 5 janavi July 24, 2008 at 7:37 pm

    dear sir,

    my husband has married 2nd time without divorcing me and his 2nd wife comitted suicide, i want to know how should i deal with him? should i file case?

    Like

  4. 6 alex September 13, 2008 at 9:48 am

    do the wife have any legal right to the properties owned by her husband and husband’s mother jointly ?

    What is the maximum right a wife can claim?

    Like


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In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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