`Second wife cannot get maintenance in Hindu marriage`
Mumbai: A Hindu woman, who marries an already-married man, cannot claim maintenance later, the Bombay High Court has ruled.
A division bench of Justices AP Deshpande and R P Sondurbaldota held that such a woman cannot claim maintenance under the Hindu Marriage Act, or even the Hindu Adoption and Maintenance Act (HAMA).
A second marriage (when the first spouse is alive) is null and void in Hindu law, the High Court emphasised.
One Rekha (name changed) had moved the High Court after the family court rejected her demand of maintenance. She had claimed maintenance from her husband under HAMA on the ground that he had another wife.
Under HAMA, a woman can live separately from husband and seek maintenance if he has any other wife living. Her lawyer claimed that Rekha was legally wedded, and
her marriage had been registered with the registrar of marriage.
However, the division bench put the finger on the law, and held that her marriage was void from the start, she did not enjoy the status of wife under the Hindu Marriage Act, and was not entitled to maintenance under HAMA too.
The court also observed that Rekha was married "with full knowledge that he (husband) was already married and that his first wife is living. In the circumstances, she cannot lay
any claim to sympathy."
More from India
More from World
More from Sports
More from Entertaiment
- 11-year old Odisha boy to get football training at Bayern Munich in Germany
- China warns India against deploying BrahMos cruise missile in Arunachal Pradesh
- One killed in TV channel office attack in Karachi
- Gujarat: Journalist working for local daily found dead in his Junagadh office
- Watch: How floods throw normal life out of gear across country
- Sushant Singh Rajput shares third poster of ‘M.S.Dhoni- The Untold Story’
- Triple treat for Shah Rukh Khan fans in 2017 – Details inside
- Know what Ranveer Singh has to say about Akshay Kumar
- A love story for Akshay Kumar in toilet? Details inside
- Wondering if Ranveer Singh is on board Deepika Padukone’s ‘Padmavati’? Details inside