Sunday, October 20, 2013

Second wife can also claim alimony in some cases - SC


The Supreme Court in its recent judgement ruled that a second wife in a Hindu marriage would also be entitled to alimony in some cases. The court said if a man has kept his second wife in the dark about his first marriage, he is legally bound to provide for her and their children, although she cannot be treated as a "legally wedded wife".

A bench of Justices Ranjana P Desai and A K Sikri said, "Provision of maintenance would definitely fall in this category which aims at empowering the destitute and achieving social justice or equality and dignity of the individual".

While Section 125 of the CrPC envisages a claim for maintenance only by a legally wedded wife, the court said, "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, such a woman is to be treated as the legally wedded wife."

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