The changing relationships and marital scripts are constantly adding new dimensions to alimony cases and subsequently posing challenges in front of the court. According to Deccan Herald, in a recent alimony case, the Supreme Court has said that a woman is entitled to claim maintenance under Section 125 of the Criminal Procedure Code from her second husband, even though her first marriage is alleged to be legally subsisting. We spoke to Siddharth Chandrashekhar, Advocate & Counsel Sr. Panel Counsel: Department of Revenue Intelligence [DRI], Directorate of GST Intelligence [DGGI], CBIC, Mumbai, and Rytim Vohra Ahuja, Senior Associate at Karanjawala & Co. to get a better understanding whether a woman can claim maintenance from her second husband even if her first marriage is still valid.
Can A Woman Demand Maintenance From A Second Husband If Her First Marriage Is Still Valid?
Siddharth Chandrashekhar said, “This is certainly a welcome progressive step towards protecting women’s financial security, irrespective of the legality of their marital status.”
He highlighted that the judgment aligns with a broader principle of social justice, recognising that a woman who has lived under the same roof with a man (in a marriage-like relationship, whether or not married, such as a live-in relationship) should not be left financially destitute due to legal technicalities.
Chandrashekhar further highlighted that granting maintenance (even if only for offspring born out of the allegedly void wedlock ) appears to conflict with statutory prohibitions on bigamy and creates a paradoxical precedent where such unions impose financial obligations. This decision could open the floodgates of litigation and create a precedent where individuals in knowingly bigamous relationships claim legal benefits.
“It may also encourage unions where women enter into relationships despite knowledge of a prior subsisting marriage, and later demand maintenance,” said Siddharth.
Don't Miss:West Bengal Shocker: Woman Tricks Husband Into Selling Kidney, Elopes With Money Post Surgery
What Law Says?
On the other hand, Siddharth said that the judgment risks undermining the sanctity of marital validity under presently prevailing matrimonial laws. “A second marriage (under Hindu family laws) during the subsistence of the first is ‘Void ab initio’, rendering the woman’s status as a “wife” legally non-existent,” he added.
Rytim Vohra mentioned that the judgement rendered by the Supreme Court is laudatory in as much as it construes a social justice provision enacted to empower women broadly and in the interest of ensuring that the purpose of the legislation is achieved.
She highlighted that Section 125 of the erstwhile CRPC is a provision intended to empower women by providing that a husband who has the means and neglects to maintain his wife can be ordered to make a monthly maintenance payment to his wife.
According to Rytim, in the present case, while the first marriage of the lady had not been dissolved, the parties were living in an arrangement akin to that of husband and wife and the gentleman was aware of the first marriage of the lady. The Hon’ble Court has been pleased to construe the law in an expansive manner to ensure that the wife is taken care of and not relegated to destitution thus upholding the moral objective of the provision.
For more such stories, stay tuned to HerZindagi.
Image Courtesy: Freepik
Take charge of your wellness journey—download the HerZindagi app for daily updates on fitness, beauty, and a healthy lifestyle!
Comments
All Comments (0)
Join the conversation