Mumbai: In a significant ruling, the Bombay
High Court has held that a second wife can approach a court
for claiming maintenance from her husband under the Domestic
A legally wedded wife can claim maintenance and alimony
under the Hindu Marriage Act and she is also entitled to a
share in the family property. But a second wife cannot claim
her legal rights unless the man has divorced his first wife.
The ruling of the High Court that second wife can claim
maintenance from her husband under the Domestic Violence Act
of 2005 has been welcomed in legal circles.
In the recent judgement, Justice A B Choudhary rejected
the maintenance claim of a Nagpur-based housewife Manda Thaore
under CrPC but asked her to move a court under Domestic
Violence Act to seek maintenance, accommodation and benefits
from the man who married her 27 years back.
The judge also directed her husband Ramaji Thaore to pay
a compensation of Rs 15,000 to Manda to cover her legal
expenses so that she could prosecute him under the Act.